DOJ Appeals 2-1 Ruling Disqualifying John Sarcone III in Letitia James Probe
Updated
Updated · ms.now · Aug 21
DOJ Appeals 2-1 Ruling Disqualifying John Sarcone III in Letitia James Probe
3 articles · Updated · ms.now · Aug 21
Summary
The Justice Department said Friday it will ask the Supreme Court to revive John Sarcone III’s authority after the 2nd Circuit upheld an order quashing subpoenas and barring him from investigations involving New York Attorney General Letitia James.
A 2-1 panel ruled Sarcone was not lawfully serving as acting U.S. attorney when he issued the August 2025 subpoenas, rejecting the administration’s use of the Federal Vacancies Reform Act after judges declined to extend his interim term.
The subpoenas sought records tied to James’ office investigations of the National Rifle Association, Donald Trump and his family business, and James had argued Sarcone lacked legal authority to issue them.
The 27-page ruling adds to court setbacks for Trump administration efforts to install preferred U.S. attorneys without Senate confirmation; appeals courts have already found acting appointments in Nevada and New Jersey unlawful.