A federal judge on Thursday disqualified John Sarcone III as U.S. Attorney for the Northern District of New York and invalidated subpoenas his office had issued to state Attorney General Letitia James.
U.S. District Judge Lorna Schofield, an Obama appointee, wrote in a 24-page opinion that Sarcone had been serving unlawfully. “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,” she wrote, “it acts without lawful authority.”
The ruling follows a series of court decisions rejecting the Trump administration’s efforts to install U.S. attorneys without Senate confirmation. In recent weeks, judges have removed U.S. attorneys in New Jersey and Delaware, and others in Nevada, Los Angeles, and Virginia, where the dismissal of Lindsey Halligan led to the invalidation of indictments against both James and former FBI Director James Comey. Attempts to re-indict James in Virginia have since failed.
Sarcone’s authority was challenged after unconventional moves were made to keep him in office beyond his 120-day term. When local judges declined to reappoint him, Attorney General Pam Bondi named him a “special attorney” with an indefinite term.
