Judge suggests disqualifying prosecutor who subpoenaed Letitia James

ALBANY, New York A federal judge indicated on Thursday that John Sarcone III, a Trump ally serving as the lead federal prosecutor in Albany, could be removed from his position. Such a move would mark another setback for the Trump administration's efforts to place loyalists in top U.S. attorney roles without Senate confirmation.

During the hearing, U.S. District Judge Lorna Schofield, appointed by former President Barack Obama, suggested that if Sarcones appointment was found improper, disqualifying him would be the only effective solution. Leaving him as first assistant while the office remains vacant wouldnt accomplish much, Schofield said.

The dispute arises from New York Attorney General Letitia James attempt to invalidate subpoenas issued earlier this year by Sarcones office. These subpoenas were connected to civil cases James filed against former President Trump and the National Rifle Association. James contends the subpoenas are legally flawed because Sarcone was not properly appointed.

Sarcone, a Republican with multiple unsuccessful political campaigns, had no prior prosecutorial experience when appointed as a temporary U.S. attorney. His early tenure included controversy over his listed home address, which appeared on a police affidavit as a boarded-up building. After his 120-day interim term ended, northern New York district judges declined to continue his appointment or select a replacement. Subsequently, Attorney General Pam Bondi designated Sarcone as a special attorney with an indefinite term, enabling him to resume the role.

Assistant U.S. Attorney Rick Bellis argued that concerns over Sarcones use of the title special attorney are largely technical. A special attorney has the authority to issue subpoenas, Bellis said, cautioning the court against a ruling that could disrupt the U.S. attorneys office.

Despite these arguments, Judge Schofield focused on potential remedies if Sarcone were disqualified. It remained unclear whether such a disqualification would invalidate the subpoenas, as an assistant U.S. attorney could potentially issue the same documents again.

The controversy reflects broader challenges faced by the Trump administration in installing political loyalists as top federal prosecutors without proper confirmation. Recent similar disqualifications include Alina Habba in New Jersey and Lindsey Halligan in the Eastern District of Virginia, where judges dismissed politically charged cases involving Trumps opponents. Federal judges have also removed U.S. attorneys in Nevada and Los Angeles.

Author: Noah Whitman