Trump Prosecutor Targeting NY’s Letitia James Is Disqualified
Another Trump administration effort to punish a political opponent is in legal limbo after a federal judge disqualified the US attorney in Albany, New York, investigating state Attorney General Letitia James.
John Sarcone, the acting US attorney for the Northern District of New York, wasn’t properly appointed to his position, US District Judge Lorna Schofield ruled Thursday. Her decision is the latest blow to President Donald Trump’s push to place loyalists in key prosecutorial jobs. Lindsey Halligan and Alina Habba were similarly disqualified late last year from their respective posts as US attorneys in Virginia and New Jersey.
Sarcone has been investigating whether James’ office violated Trump’s civil rights by bringing a 2022 civil fraud lawsuit against him and his company that resulted in a $464 million penalty. The fine was vacated on appeal in August, but the finding that Trump committed fraud by inflated asset values was upheld. Both sides have appealed to the state’s highest court.
“Mr. Sarcone is disqualified from any further involvement in prosecuting or supervising the instant investigations, regardless of his title,” Schofield said. The judge said Sarcone’s appointment violated the requirement that US attorneys be confirmed by the Senate.
Sarcone’s office didn’t immediately respond to a message seeking comment. The White House also did not immediately respond.
The Trump administration had also targeted James in a mortgage-fraud prosecution in Virginia. But that case, along with one against former Federal Bureau of Investigation director James Comey, was dismissed following Halligan’s disqualification. Halligan and Habba were both personal attorneys for Trump with no prosecutorial experience before their appointments.
Habba resigned from her role, though Halligan has remained in place despite her disqualification. A federal grand jury in Virginia declined to indict James for a second time over mortgage fraud claims.
James sued in August to disqualify Sarcone and block subpoenas stemming from his investigation. She also said there was no justification for the federal probes, which she said were started “simply because the president is unhappy” that her office enforced New York law.
“This decision is an important win for the rule of law and we will continue to defend our office’s successful litigation from this administration’s political attacks,” a spokesperson for James said in a statement.
Sarcone also is investigating the attorney general’s civil suit against the National Rifle Association, a Trump ally. The ruling blocks subpoenas in that probe too. The judge said the subpoenas may be reissued “through a lawfully authorized official.”
‘Special Attorney’
The president has sought to bypass the Senate on US attorney appointments due to the “blue slip” custom that allows senators to veto nominees for their states. Sarcone served as interim US attorney in Albany for a 120-day term. Attorney General Pam Bondi subsequently named in a “special attorney” and first assistant US attorney for the district. The first assistant can carry out the duties of the US attorney if the role is still vacant.
At a Dec. 4 court hearing, evidence was presented showing that he had signed four documents — two subpoenas and their respective cover letters — as acting US attorney, even though he was designated a special attorney.
In a filing in the Sarcone case, lawyers for James said she was being targeted by Trump “for proving in court that the Trump Organization and President Trump’s political ally, the NRA, engaged in massive fraud and malfeasance against the people of New York.”
The case is Grand Jury Subpoenas v. US, 25-mc-00019, US District Court, Northern District of New York (Albany).
Photo: New York Attorney General Letitia James