Judge disqualifies federal prosecutor in investigation into Letitia James

A judge disqualified a federal prosecutor from overseeing investigations into New York Attorney General Letitia James, ruling Thursday that he had been serving in his post unlawfully when he requested subpoenas.

U.S. District Judge Lorna G. Schofield blocked subpoenas requested by John Sarcone, the acting U.S. attorney for the Northern District of New York.

The judge said the Department of Justice did not follow statutory procedure after judges declined to extend Sarcone’s tenure. “When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority. Subpoenas issued under that authority are invalid. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations.”

James, a Democrat, had challenged Sarcone’s authority after he issued subpoenas seeking information about lawsuits she filed against 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 say 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.

The judge said the Justice Department did not follow statutory procedure after judges declined to extend Sarcone’s tenure. “Instead, on 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.”

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.

A call and an email to the U.S. attorney’s office for the Northern District of New York were made seeking comment.

The ruling is the latest to address the legality of unusual maneuvers the Trump administration has performed to try and keep its favored candidates for U.S. attorney in those jobs indefinitely, without going through the usual process of getting them confirmed in the U.S. Senate.

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