Disqualification of Trump Prosecutor Affects NY’s Letitia James

In a significant legal development, a federal judge has disqualified the US attorney in Albany, New York, who was investigating state Attorney General Letitia James. This ruling adds another layer of complexity to the Trump administration’s ongoing efforts to target political opponents.

John Sarcone, the acting US attorney for the Northern District of New York, was deemed improperly appointed by US District Judge Lorna Schofield. This decision represents a setback for President Donald Trump, who has been attempting to install loyalists in key prosecutorial roles. Notably, Lindsey Halligan and Alina Habba were also disqualified from their positions as US attorneys in Virginia and New Jersey, respectively, late last year.

Sarcone’s investigation focused on whether James’ office violated Trump’s civil rights by filing a civil fraud lawsuit against him and his company in 2022, which resulted in a hefty $464 million penalty. Although this fine was vacated on appeal in August, the court upheld the finding that Trump had committed fraud by inflating asset values. Both parties have since appealed to the state’s highest court.

Judge Schofield stated, “Mr. Sarcone is disqualified from any further involvement in prosecuting or supervising the instant investigations, regardless of his title.” She emphasized that Sarcone’s appointment contravened the requirement for US attorneys to be confirmed by the Senate.

As of now, Sarcone’s office has not responded to requests for comment, nor has the White House.

The Trump administration had previously targeted James in a mortgage-fraud prosecution in Virginia. However, that case, along with another against former FBI director James Comey, was dismissed following Halligan’s disqualification. Both Halligan and Habba were personal attorneys for Trump and lacked prosecutorial experience prior to their appointments.

While Habba resigned from her role, Halligan remains in her position despite her disqualification. A federal grand jury in Virginia also declined to indict James for a second time regarding mortgage fraud claims.

In August, James filed a lawsuit to disqualify Sarcone and block subpoenas related to his investigation. She argued that the federal probes were initiated “simply because the president is unhappy” with her office’s enforcement of New York law.

A spokesperson for James remarked, “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.”

Additionally, Sarcone is investigating James’ civil suit against the National Rifle Association, a known ally of Trump. The judge’s ruling also blocks subpoenas in this investigation, although she noted that the subpoenas could be reissued “through a lawfully authorized official.”

‘Special Attorney’

Trump’s administration has sought to circumvent the Senate confirmation process for US attorney appointments, particularly due to the “blue slip” custom that allows senators to veto nominees from their states. Sarcone served as interim US attorney in Albany for a 120-day term, after which Attorney General Pam Bondi appointed a “special attorney” and first assistant US attorney for the district. This role allows the first assistant to perform the duties of the US attorney if the position remains vacant.

During a court hearing on December 4, evidence was presented showing that Sarcone had signed four documents—two subpoenas and their respective cover letters—as acting US attorney, despite being designated a special attorney.

In legal filings related to the Sarcone case, James’ lawyers argued that she is 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

Topics
New York

In a significant legal development, a federal judge has disqualified the US attorney in Albany, New York, who was investigating state Attorney General Letitia James. This ruling adds another layer of complexity to the Trump administration’s ongoing efforts to target political opponents.

John Sarcone, the acting US attorney for the Northern District of New York, was deemed improperly appointed by US District Judge Lorna Schofield. This decision represents a setback for President Donald Trump, who has been attempting to install loyalists in key prosecutorial roles. Notably, Lindsey Halligan and Alina Habba were also disqualified from their positions as US attorneys in Virginia and New Jersey, respectively, late last year.

Sarcone’s investigation focused on whether James’ office violated Trump’s civil rights by filing a civil fraud lawsuit against him and his company in 2022, which resulted in a hefty $464 million penalty. Although this fine was vacated on appeal in August, the court upheld the finding that Trump had committed fraud by inflating asset values. Both parties have since appealed to the state’s highest court.

Judge Schofield stated, “Mr. Sarcone is disqualified from any further involvement in prosecuting or supervising the instant investigations, regardless of his title.” She emphasized that Sarcone’s appointment contravened the requirement for US attorneys to be confirmed by the Senate.

As of now, Sarcone’s office has not responded to requests for comment, nor has the White House.

The Trump administration had previously targeted James in a mortgage-fraud prosecution in Virginia. However, that case, along with another against former FBI director James Comey, was dismissed following Halligan’s disqualification. Both Halligan and Habba were personal attorneys for Trump and lacked prosecutorial experience prior to their appointments.

While Habba resigned from her role, Halligan remains in her position despite her disqualification. A federal grand jury in Virginia also declined to indict James for a second time regarding mortgage fraud claims.

In August, James filed a lawsuit to disqualify Sarcone and block subpoenas related to his investigation. She argued that the federal probes were initiated “simply because the president is unhappy” with her office’s enforcement of New York law.

A spokesperson for James remarked, “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.”

Additionally, Sarcone is investigating James’ civil suit against the National Rifle Association, a known ally of Trump. The judge’s ruling also blocks subpoenas in this investigation, although she noted that the subpoenas could be reissued “through a lawfully authorized official.”

‘Special Attorney’

Trump’s administration has sought to circumvent the Senate confirmation process for US attorney appointments, particularly due to the “blue slip” custom that allows senators to veto nominees from their states. Sarcone served as interim US attorney in Albany for a 120-day term, after which Attorney General Pam Bondi appointed a “special attorney” and first assistant US attorney for the district. This role allows the first assistant to perform the duties of the US attorney if the position remains vacant.

During a court hearing on December 4, evidence was presented showing that Sarcone had signed four documents—two subpoenas and their respective cover letters—as acting US attorney, despite being designated a special attorney.

In legal filings related to the Sarcone case, James’ lawyers argued that she is 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

Topics
New York