Letitia James challenges NY acting U.S. attorney
On Dec. 4 in Manhattan, U.S. District Judge Lorna G. Schofield heard New York Attorney General Letitia James’s bid to quash DOJ subpoenas and disqualify John Sarcone, arguing his appointment as acting U.S. attorney for the Northern District of New York is unlawful after his 120‑day interim term lapsed and judges declined to retain him. DOJ countered that AG Pam Bondi lawfully named Sarcone a special attorney and first assistant, enabling him to serve as acting U.S. attorney, and called disqualification 'drastic and extreme.' The dispute comes amid a string of recent court rulings against other Trump‑era interim U.S. attorney appointments in New Jersey and Virginia.
📌 Key Facts
- Judge Lorna G. Schofield held a Dec. 4 hearing on James’s motion to block subpoenas and challenge John Sarcone’s authority.
- James argues Sarcone’s 120‑day interim term (appointed in March by AG Pam Bondi) expired and district judges declined to keep him; DOJ then named him special attorney and first assistant.
- DOJ AUSA Richard Belliss defended the appointment and said disqualification would be 'drastic and extreme'; no Trump nominee has been submitted for NDNY.
- Recent context: a Virginia judge dismissed indictments against James and ex‑FBI Director James Comey over an unlawfully appointed interim U.S. attorney, and the 3rd Circuit disqualified Alina Habba as New Jersey’s acting U.S. attorney.
📊 Relevant Data
As of November 2025, 66 out of 93 U.S. attorney positions are filled by interim or acting appointments in the Trump administration.
Trump Is Picking Unorthodox US Attorneys Mostly in Blue States — Bloomberg Law
Only about 20 of the 94 federal districts have a U.S. attorney who has gone through the U.S. Senate confirmation process during Trump's presidency as of December 2025.
Vacancy sign is out but Vermont's top federal prosecutor says he's in ... — VTDigger
The civil lawsuit filed by New York Attorney General Letitia James against Donald Trump and the Trump Organization in 2022 alleged they inflated the value of properties to get better rates on loans and insurance.
Lawyers for New York attorney general's office expected in court to ... — CNN
The subpoenas issued by acting U.S. Attorney John Sarcone claim that Letitia James and her office violated Donald Trump's First Amendment rights in the lawsuit against him.
Court hearing puts U.S. Attorney Sarcone's appointment in question — CBS6 Albany
John Sarcone is a conservative attorney with deep family roots in Croton, appointed as acting U.S. Attorney for the Northern District of New York in March 2025.
Croton's John Sarcone, the new U.S. Attorney for the Northern ... — The Croton Chronicle