Lawyers for New York attorney general’s office expected in court to seek disqualification of another US attorney
Lawyers for the New York attorney general’s office are expected to appear in federal court in Albany on Thursday to try to disqualify a US attorney from investigating the state’s civil case against President Donald Trump.
New York Attorney General Letitia James, a Democrat, is challenging the appointment of John Sarcone, the Trump administration’s pick as acting US attorney for the Northern District of New York. The effort is a bid to quash subpoenas Sarcone signed seeking records relating to the state’s civil investigations into the Trump Organization’s finances and the National Rifle Association.
The state is challenging the subpoenas on several grounds, but Judge Lorna Schofield said the hearing on Thursday will be limited to questions around Sarcone’s appointment and, if it is found to be improper, whether it invalidates the subpoenas. James is not expected to attend the hearing.
It’s the latest challenge to the Trump administration’s US attorney choices, after four other acting US attorneys have been found to be holding their positions unlawfully.
Sarcone was appointed by Attorney General Pam Bondi as an interim US attorney in March. When his 120-day term expired, the district court judges did not appoint anyone to the position. In July, Bondi named Sarcone special attorney and designated him as first assistant US attorney. He has assumed the position of acting US attorney.
In August, Sarcone signed two subpoenas sent to the New York attorney general’s office as part of a criminal investigation into whether anyone’s constitutional rights were violated during the state investigations.
“Because Sarcone has no legitimate authority to serve as Acting U.S. Attorney, any process sought by him in that capacity, like these two subpoenas, is unauthorized and unlawful,” lawyers for New York wrote in a court filing.
The Justice Department has argued that Sarcone’s appointment is legal and, even if it isn’t, his position as special attorney allows him to conduct grand jury proceedings.
“The office of United States Attorney was vacant when he was designated as FAUSA and remains vacant, so Mr. Sarcone ‘shall perform’ the duties of the office of United States Attorney on an acting basis (subject to statutory time limits),” prosecutors wrote in a court filing. “The remedy the NYAOG seeks here – quashing the subpoenas – is simply not available even if Mr. Sarcone is not properly holding the office of Acting United States Attorney because, as a Special Attorney, he had authority to conduct grand jury proceedings.”
Other judges have previously rejected the Justice Department’s position and found the appointment of other US attorneys, including Trump’s former personal attorney Alina Habba’s appointment as acting US attorney for New Jersey, to be unlawful. On Monday, the Third Circuit Court of Appeals upheld that judge’s decision.
Sarcone’s office is investigating two specific lawsuits.
James sued Donald Trump and the Trump Organization in 2022 alleging they inflated the value of properties to get better rates on loans and insurance. A judge found Trump and his adult sons liable for fraud and ordered him to pay more than $350 million plus interest. A state appeals court upheld the fraud finding but threw out the judgment as excessive. Both parties have appealed.
The state also sued the NRA and its leadership alleging it violated nonprofit laws. A jury found the NRA mismanaged charitable funds.
