Attorney General's Office Lawyers from New York to Seek Disqualification of Another US Attorney in Court

Attorneys representing the New York Attorney Generals office are scheduled to appear in federal court in Albany on Thursday, aiming to prevent a U.S. attorney from continuing investigations in the states civil cases involving former President Donald Trump.

Attorney General Letitia James, a Democrat, is contesting the appointment of John Sarcone, who was designated as acting U.S. attorney for the Northern District of New York by the Trump administration. This action is intended to challenge subpoenas Sarcone issued to obtain records connected to investigations into the Trump Organizations finances and the National Rifle Association.

The state argues that the subpoenas are invalid on multiple grounds, but Judge Lorna Schofield has limited Thursdays hearing to the legality of Sarcones appointment and whether any improper designation would nullify the subpoenas. James herself is not expected to attend the proceedings.

This legal challenge follows a pattern of disputes over Trump-era U.S. attorney appointments, with four prior acting attorneys previously deemed to be unlawfully serving. Sarcone was initially appointed by Attorney General Pam Bondi in March, and after his 120-day term expired without a new appointment by district court judges, Bondi designated him as a special attorney and first assistant U.S. attorney in July, effectively making him acting U.S. attorney.

In August, Sarcone issued two subpoenas to the New York Attorney Generals office as part of a criminal inquiry into possible violations of constitutional rights during state investigations. New Yorks lawyers argue that Sarcone has no valid authority in his acting capacity, rendering these subpoenas unlawful.

The Justice Department maintains that Sarcones appointment is legitimate and contends that even if it is flawed, his role as special attorney grants him authority over grand jury matters. Prosecutors note that the U.S. Attorneys office was vacant when Sarcone was named FAUSA, and he is permitted to perform the offices duties in an acting capacity within statutory limits. They argue that quashing the subpoenas is not a permissible remedy.

Previous court rulings have sided against the Justice Department on similar matters, including the appointment of Trumps former personal attorney Alina Habba as acting U.S. attorney for New Jersey, which the courts found unlawful. The Third Circuit Court of Appeals recently upheld one of these decisions.

Sarcone is overseeing investigations in two specific lawsuits. In one, James sued Trump and the Trump Organization in 2022 for inflating property values to secure favorable loans and insurance terms. A judge found Trump and his adult sons liable for fraud and imposed a judgment exceeding $350 million, which was partially upheld and partially reduced on appeal. Both sides are appealing the ruling.

The state also pursued legal action against the NRA and its leaders, accusing them of violating nonprofit laws, with a jury finding that charitable funds were mismanaged.

Author: Sophia Brooks