NY attorney general questions legitimacy of acting US attorney investigating her Trump lawsuits

ALBANY, N.Y. Legal challenges are mounting against President Donald Trumps attempts to place loyalists in top federal prosecutor positions. Courts have recently ruled that Trumps appointees in New Jersey, eastern Virginia, Nevada, and Los Angeles were serving illegally.

Now, New York Attorney General Letitia James is raising concerns over John Sarcones role as acting U.S. attorney for northern New York. A hearing is set for Thursday, where James will contest Sarcones authority to lead a Justice Department investigation into lawsuits she filed against Trump and the National Rifle Association.

James, a Democrat, argues that subpoenas issued under Sarcones direction are invalid because he lacks legitimate authority. Her legal team claims the investigation is part of a broader effort to target Trumps opponents without basis. Court filings state, The subpoenas must be quashed, and Sarcone must be disqualified from this investigation.

The Justice Department counters that Sarcone was appointed properly and that the attempt to block the subpoenas should be denied. The dispute in New York mirrors other states where the Trump administrations unconventional methods of appointing prosecutors have faced legal challenges.

The upcoming New York hearing before U.S. District Judge Lorna G. Schofield follows a Virginia ruling that dismissed charges against James and former FBI Director James Comey, citing the unlawful appointment of interim U.S. attorney Lindsey Halligan. The Justice Department is expected to appeal that decision.

Under federal law, U.S. attorney nominees require Senate confirmation. Temporary appointments by the attorney general expire after 120 days, after which a judge may keep or replace the interim attorney. Sarcones appointment did not follow this standard procedure. Trump has not nominated a permanent U.S. attorney for the Northern District of New York. Instead, U.S. Attorney General Pam Bondi appointed Sarcone as interim in March. When his 120-day term ended, judges refused to retain him. Bondi then named him a special attorney and first assistant U.S. attorney, allowing him to act as U.S. attorney under a controversial workaround.

The subpoenas in question seek documents tied to James civil case alleging Trump committed fraud in his personal business dealings, as well as records from a lawsuit against the NRA and two top executives.

The Justice Department asserts that the attorney general has full authority to delegate tasks to department attorneys, and even if Sarcones acting status is disputed, he can still carry out grand jury investigations as a special attorney.

Sarcone previously worked on Trumps 2016 campaign legal team and served in the General Services Administration during Trumps first term. Similar legal controversies have arisen in New Jersey, Nevada, and Los Angeles, where courts have disqualified Trumps picks for temporary U.S. attorney positions due to irregular appointment practices.

Author: Ethan Caldwell