Judge rules top federal prosecutor in New York serving unlawfully

HOUSTON, United States

A federal judge ruled Thursday that the top prosecutor in the Northern District of New York is unlawfully serving in the position.

US District Judge Lorna Schofield ruled that US Attorney John Sarcone III was appointed by Attorney General Pam Bondi through impermissible workarounds to keep Sarcone in office, despite a 120-day limit for US attorneys whose nominations had not been confirmed by the Senate.]

This is the fifth top prosecutor appointed by Bondi who has been ruled ineligible for the job.

"The Department of Justice did not follow those procedures. Instead, 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 in her ruling. "Federal law does not permit such a workaround."

Schofield issued the decision as part of a case brought by the office of New York Attorney General Letitia James, seeking to quash grand jury subpoenas Sarcone had served on her office.

The subpoenas sought information about two civil fraud cases James brought against President Donald Trump and the National Rifle Association.

The judge specified that Sarcone "personally directed the issuance of both subpoenas; his is the only name on the subpoenas and the documents sought are returnable to him personally."

She noted that after Sarcone "claimed the title of Acting U.S. Attorney, he used that authority to subpoena a state law-enforcement office that the President had publicly cast as a political adversary."

"Grand juries are 'not meant to be the private tool of a prosecutor,' much less one not lawfully appointed," said Schofield.

"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. Subpoenas issued under that authority are invalid," she added, ruling Sarcone is disqualified from the investigation.