Judge disqualifies Trump federal prosecutor in Tish James investigation
Share this @internewscast.com


By MICHAEL HILL

ALBANY, N.Y. (AP) — In a significant legal decision, a judge has removed a Trump-era federal prosecutor from leading investigations into New York Attorney General Letitia James. The ruling, delivered on Thursday, determined that the prosecutor was not legally appointed as an acting U.S. attorney.

U.S. District Judge Lorna G. Schofield halted subpoenas initiated by John Sarcone, who was serving as the acting U.S. attorney for the Northern District of New York. The judge emphasized that the Department of Justice failed to adhere to the required legal procedures after Sarcone’s term was not extended by the judiciary last year.

This ruling aligns with decisions by other federal judges nationwide, who have found that certain actions by senior federal prosecutors were invalid. These prosecutors were appointed through unconventional methods devised during the Trump administration, bypassing the standard U.S. Senate confirmation process or continuing to serve until local federal judges made a determination on their tenure.

Judge Schofield stated, “When the Executive branch circumvents congressional constraints and uses that power to launch criminal investigations against political opponents, it operates without legitimate authority. Subpoenas issued under such authority lack validity. The subpoenas are nullified, and Mr. Sarcone is barred from any further involvement in the ongoing investigations,” she declared in her ruling.

Judge Schofield further outlined that Sarcone’s position as acting U.S. attorney is illegitimate, rendering any “actions he has taken or will take in that role to be void or subject to nullification, as they rely on authority he does not lawfully possess.”

James, a Democrat, had challenged Sarcone’s authority after he issued subpoenas seeking information about lawsuits she filed against Republican President Donald Trump, claiming he had committed fraud in his business dealings, and separately against the National Rifle Association and some of its former leaders.

Justice Department lawyers argued Sarcone was appointed properly and that the subpoenas were valid. James claims the inquiry into her lawsuits is part of a campaign of baseless investigations and prosecutions of Trump’s perceived enemies.

James’ office issued a statement calling Thursday’s ruling “an important win for the rule of law.”

“We will continue to defend our office’s successful litigation from this administration’s political attacks,” the statement said.

Emails seeking comment were sent to the U.S. Attorney’s Office and the Department of Justice.

Last month, a panel of judges from the 3rd U.S. Circuit Court of Appeals sitting in Philadelphia sided with a lower-court judge’s ruling disqualifying Alina Habba from serving as New Jersey’s top federal prosecutor.

In November, a federal judge dismissed criminal cases against former FBI Director James Comey and James after concluding that the hastily installed prosecutor who filed the charges, Lindsey Halligan, was unlawfully appointed to the position of interim U.S. attorney for the Eastern District of Virginia.

A similar dynamic has played out in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there. And a federal judge in Los Angeles disqualified the acting U.S. attorney in Southern California from several cases after concluding he had stayed in the job longer than allowed.

In New York, U.S. Attorney General Pam Bondi appointed Sarcone to serve as the interim U.S. attorney in March. When his 120-day term elapsed, judges in the district declined to keep him in the post.

Bondi then appointed Sarcone as a special attorney and designated him first assistant U.S. attorney for the district, moves that federal officials say allow him to serve as an acting U.S. attorney.

The judge, who sits in New York City, took issue with the Justice Department’s actions.

“(O)n the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney. Federal law does not permit such a workaround,” she wrote.

Sarcone was part of Trump’s legal team during the 2016 presidential campaign and worked for the U.S. General Services Administration as the regional administrator for the Northeast and Caribbean during Trump’s first term.

Schofield said the federal government could reissue the subpoenas at the direction of a lawfully authorized attorney.

Joshua Naftalis, a Manhattan federal prosecutor for 11 years before entering private practice in 2023, said Schofield was agreeing with the other judges who have disputed the authority of designated top prosecutors.

“It’s always a big deal when judges say that the U.S. attorney doesn’t have the authority,” he said.

He said subpoenas aren’t typically issued by a single prosecutor so the ruling might not directly affect other investigations brought through the prosecutor’s office.

—-

Associated Press writer Larry Neumeister contributed from New York.

Share this @internewscast.com
You May Also Like
Viral video: couple's snowy dance in downtown Raleigh captures hearts

Charming Dance in Raleigh’s Snowy Streets Becomes Internet Sensation

RALEIGH, N.C. — A couple has become the talk of the town…
Rosé, Bruno Mars and Sabrina Carpenter open 2026 Grammy Awards with electric performances

Rosé, Bruno Mars, and Sabrina Carpenter Electrify 2026 Grammy Awards with Show-Stopping Opening Performances

The 68th annual Grammy Awards kicked off with a bang as Rosé…
The Grammys bring more celebrity pushback to the Trump administration's immigration crackdown

Bad Bunny and Leading Music Icons Leverage Grammys Stage to Address Trump’s Immigration Policies

The entertainment industry finds itself at a crossroads as awards season unfolds…
Woman found dead inside inside black plastic bag in Brooklyn apartment building was chopped up

Tragic Discovery: Dismembered Body Found in Brooklyn Apartment Stuns Community

Authorities revealed on Monday that a woman discovered deceased inside a black…
Russia kills 12 Ukrainian miners in deadly bus attack hours after peace talks postponed

Tragic Bus Attack Claims Lives of 12 Ukrainian Miners Amid Delayed Peace Talks

A Russian drone assault struck a bus transporting miners in the Dnipropetrovsk…
The Grammys bring more celebrity pushback to the Trump administration's immigration crackdown

Grammy Awards Spotlight Celebrity Opposition to Trump’s Immigration Policies

The overlap of awards season and the Trump administration’s aggressive deportation measures…
Bad Bunny uses Grammy win to deliver anti-ICE message week before Super Bowl performance

Bad Bunny’s Grammy Triumph Amplifies Anti-ICE Message Ahead of Super Bowl Spotlight

He emphasized the importance of recognizing our shared humanity and urged viewers…
Gaza’s Rafah border crossing partially reopens under ceasefire deal

Rafah Border in Gaza Begins Limited Reopening Amid Ceasefire Agreement

The Rafah border crossing between Gaza and Egypt has partially reopened, marking…
Attorney General Kwame Raoul announces initiative with Illinois Coalition Against Domestic Violence, Amazon and Ring

Illinois Attorney General Kwame Raoul Partners with Domestic Violence Coalition, Amazon, and Ring to Launch Groundbreaking Safety Initiative

In a significant move to bolster safety for domestic violence survivors, the…
Massachusetts man using blowtorch on roof to melt ice sets home on fire

Massachusetts Home Catches Fire After Resident Uses Blowtorch to Clear Ice

In an unexpected turn of events, a Massachusetts resident inadvertently set his…
Boil order in effect in Dixmoor as water main break fixed at 139th between Dixie Highway and Thornton Road

Dixmoor Boil Order Issued After Water Main Break Repair at 139th & Dixie Highway

In the early hours of Monday morning, residents of south suburban Dixmoor,…
Former Chicago Police Department chief of detectives calls Mayor Brandon Johnson order on feds political theater

Former Chicago Police Chief of Detectives Criticizes Mayor Johnson’s Federal Directive as Political Theater

This past weekend, Chicago Mayor Brandon Johnson took a significant step by…