New York Attorney General Letitia James is hoping a federal judge will throw out a brewing case against her by joining other courts that have ousted President Trump’s hand-picked prosecutors.
James’s office on Thursday questioned the appointment of Acting U.S. Attorney John Sarcone, who sent two subpoenas seeking records about her cases against Trump and the National Rifle Association.
Federal judges have already ruled that other prosecutors installed by Trump through an irregular process were unlawfully appointed and don’t have standing to do their jobs. Under the Constitution, U.S. attorneys are nominated by the president and subject to confirmation by the U.S. Senate.
James’ team says the Albany subpoenas — which Sarcone personally signed — aren’t valid because his initial appointment as U.S. attorney expired in July. Attorney General Pam Bondi named Sarcone an interim U.S. attorney for the Northern District of New York in the spring, allowing him to stay for 120 days.
Judges in the district then declined to permanently install him when that term expired. Bondi responded by naming Sarcone a special attorney and designated him as the first assistant U.S. attorney in Albany, making a bureaucratic maneuver to keep him in his post.
Hailyn Chen, a lawyer for James’ office, said this route “is a circumvention of the careful scheme laid out by Congress.”
“Sarcone exercised power that he did not lawfully possess,” Chen said. “Compliance with a subpoena that was issued by someone without proper authority to do so is by definition oppressive and unreasonable.”
She sought to quash the subpoenas and have Sarcone’s appointment to the office — and his role in the investigation — invalidated.
The hearing took place in a packed courtroom that included members of the U.S. attorney’s office, local FBI agents and public defenders. Sarcone wasn’t present. He referred a request for comment to the Justice Department, which didn’t immediately return an inquiry.
Assistant U.S. Attorney Richard Belliss, arguing on his behalf, said there was no need for Judge Lorna Schofield to rule more broadly on Sarcone’s appointment.
“That’s not something this court needs to decide. We’re talking about two subpoenas,” Belliss said. “He is properly serving as a special attorney with the authority to issue grand jury subpoenas. … A remedy to disqualify him from serving in the office seems drastic and extreme.”
Schofield, who normally sits in Manhattan, pressed Chen about the “special attorney” designation. Chen said Sarcone signed the subpoenas and cover letters with the title acting U.S. Attorney.
Belliss replied: “What the [office of] attorney general is asking this court to do is put form over substance.”
Chen questioned whether Sarcone was properly named as a special attorney since his initial appointment letter was signed by a human resources employee at the Department of Justice. Bondi later sent a letter affirming the designation effective July 15 — before the subpoenas were issued.
Schofield was brought in because the judges in the Northern District — which includes the entire Hudson Valley and much of Central New York, including Binghamton, Plattsburgh, Syracuse and Utica — were involved in Sarcone’s disputed appointment.
She gave no indication of when she might rule.
James’ office declined further comment. She has repeatedly stood by her investigations of Trump.
The president has called on the Department of Justice to investigate James along with other critics including former FBI Director James Comey and U.S. Rep. Adam Schiff, a Democrat from California.
Both James and Comey were indicted in separate cases in Virginia by Lindsey Halligan, who was working on Trump’s staff when he installed her as a federal prosecutor. Halligan said James committed mortgage fraud; James pleaded not guilty and said the charge was politically motivated.
A judge last week threw out the cases against James and Comey, saying Halligan “had no lawful authority to present the indictment” because she wasn’t properly appointed. Other judges have made similar rulings involving Alina Habba in New Jersey and Bill Essayli in Los Angeles.
In 2022, James sued Trump and his business for falsely inflating the value of his properties to get favorable loan terms. A judge fined Trump more than $350 million, but the penalty has been set aside as the case is appealed.
The NRA case centered on inappropriate spending by executives at the gun rights group.
Boston University political science professor Lauren Mattioli, who studies the appointments of U.S. attorneys, said Trump has made a regular practice of bypassing Senate confirmation. He’s appointed people like Sarcone and Halligan who don’t have any previous prosecutorial experience.
“The system has broken down,” she said. “If we think that the content of their work is important, then it’s important who’s doing the work.”
