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Federal Appeals Court Rules Prosecutor Subpoenaing New York Attorney General Was Unlawfully Appointed
Just the facts
In a 2-1 decision, a panel of the 2nd Circuit Court of Appeals ruled that John Sarcone was not lawfully serving as acting U.S. attorney under the Federal Vacancies Reform Act because he was appointed as first assistant after the vacancy occurred. The ruling upholds a lower court decision quashing federal subpoenas issued to Attorney General Letitia James in August 2025 during Department of Justice investigations into her office. Sarcone had served as interim U.S. attorney for 120 days before being reappointed as special attorney and first assistant by former Attorney General Pam Bondi to extend his tenure. A spokesperson for the Department of Justice announced that the Trump administration intends to appeal the decision to the U.S. Supreme Court.
Why this is news
The U.S. Court of Appeals for the 2nd Circuit ruled that John Sarcone was unlawfully serving as top federal prosecutor in the Northern District of New York when he issued subpoenas targeting New York Attorney General Letitia James.
Sources
This summary is compiled strictly from the original reporting below.