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Federal Appeals Court Rules John Sarcone Lacked Authority to Subpoena New York Attorney General Letitia James

A federal appeals court ruled on Friday that John Sarcone was not lawfully serving as the acting U.S. attorney for the Northern District of New York when he issued subpoenas against New York Attorney General Letitia James. The 2-1 decision by the U.S. Court of Appeals for the 2nd Circuit upheld a lower court's ruling that the subpoenas, which sought records regarding investigations into the National Rifle Association and Donald Trump, were void or voidable. The administration announced it intends to appeal the ruling directly to the Supreme Court. The case highlights the administration's repeated attempts to bypass Senate confirmation for its preferred prosecutors. While the administration argued that Sarcone's 'special attorney' title gave him the power to keep him in the role, the majority of the court ruled that the Federal Vacancies Reform Act requires a deputy to be in place when a vacancy arises to be elevated to the acting role. Judge Guido Calabresi noted that the administration's approach rewards evasion and penalizes compliance with the law.

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