A federal judge on Monday shut down investigations targeting alleged “selective enforcement” in cases brought by Democratic New York Attorney General Letitia James against President Donald Trump’s business and the National Rifle Association, ruling that the prosecutor who launched the probes was unlawfully appointed and therefore lacked legal authority.
U.S. District Judge Lorna Schofield, an Obama appointee, ruled that John Sarcone III, who issued subpoenas to James’ office in August, was improperly installed as acting U.S. Attorney for the Northern District of New York. Because of that, the subpoenas he authorized were invalid and must be thrown out.
“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,” Schofield wrote in her opinion. “Subpoenas issued under that authority are invalid.”
As a result, the judge quashed the subpoenas and disqualified Sarcone from any further involvement in the investigations. While the ruling halts the current probes, Schofield noted that the Department of Justice could reissue similar subpoenas, but only “through a lawfully authorized official.”
The decision marks the latest setback for Justice Department efforts tied to cases involving James, who has pursued high-profile legal actions against President Donald Trump and the National Rifle Association. It also adds to a growing list of prosecutors found by courts to have been improperly appointed.
Earlier this year, a separate indictment charging James with mortgage fraud was dismissed in November after Lindsey Halligan was disqualified as interim U.S. Attorney for the Eastern District of Virginia. Following that dismissal, the DOJ failed twice to secure a new grand jury indictment against James. The department appealed the ruling disqualifying Halligan in December.
Sarcone now becomes the fifth U.S. attorney to be disqualified by the courts. In addition to Halligan, judges have found U.S. attorneys in New Jersey, Nevada, and California were also unlawfully appointed, raising broader questions about how the Justice Department has filled key prosecutorial roles.
In her detailed ruling, Schofield outlined how Sarcone’s appointment violated federal law. She noted that the U.S. Attorney General initially appointed Sarcone as interim U.S. attorney for a 120-day term, as permitted by statute. When that term expired, judges in the Northern District of New York declined to use their authority to extend his tenure.
At that point, Schofield wrote, federal law required the DOJ to follow other statutory procedures to fill the vacancy. Instead, the department took what she described as coordinated steps to keep Sarcone in power anyway.
“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,” Schofield wrote. “Federal law does not permit such a workaround.”
The ruling delivers another blow to DOJ actions that critics say have been tainted by procedural shortcuts and politically charged decisions. While the department retains the option to restart the investigations under a properly appointed official, the decision underscores that courts are closely scrutinizing how prosecutorial power is exercised — and who is legally allowed to wield it.
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