A federal judge ruled John A. Sarcone III was unlawfully appointed as acting U.S. attorney, voiding two subpoenas he issued to New York Attorney General Letitia James’ office, according to the Times Union.
The court found Sarcone’s 2025 appointment violated the Federal Vacancies Reform Act, which requires Senate confirmation or lawful temporary replacements. The judge said the Justice Department bypassed the rules to investigate a political rival and called the subpoenas “unreasonable” and “invalid.”
The DOJ may still pursue its case by reissuing subpoenas under valid authority, but Sarcone is now barred from leading or supervising the investigation.
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