Appeals Court Voids John Sarcone's 2025 Appointment, Setting Up Supreme Court Fight
Updated
Updated · CBS New York · Aug 21
Appeals Court Voids John Sarcone's 2025 Appointment, Setting Up Supreme Court Fight
3 articles · Updated · CBS New York · Aug 21
Summary
A 2-1 Second Circuit panel said John Sarcone was unlawfully serving as acting U.S. attorney in Albany when he subpoenaed Letitia James in August 2025, because he was not first assistant when the vacancy arose.
The majority said the Federal Vacancies Reform Act lets only a deputy already in place at the time of the vacancy step up; Sarcone was installed months later after his 120-day interim term expired.
The Justice Department said it will appeal directly to the Supreme Court, defending a workaround it used after district judges declined to keep Sarcone in the post.
The ruling deepens a broader clash over Trump administration efforts to keep preferred prosecutors in office without Senate confirmation; similar appointment setbacks have hit picks in New Jersey, Nevada, Virginia and Los Angeles.