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The Courtroom of the Supreme Court showing Associate Justice Ruth Bader Ginsburg’s Bench Chair and the Bench in front of her seat draped in black following her death on September 18, 2020.
Photo: Fred Schilling, Collection of the Supreme Court of the United States | Public domain | Wikimedia Commons

Appeals Court Says Albany U.S. Attorney Was Unlawfully Serving Under Vacancies Act

On Friday, August 21, 2026, a federal appeals court ruled that Albany U.S. Attorney John A. Sarcone III was unlawfully serving under the Federal Vacancies Reform Act.[1]

The Justice Department said it disagrees with the 2nd Circuit and will take the case to the U.S. Supreme Court.[2] The appeals panel said only a first assistant already in place when a vacancy arises can automatically serve as acting officer under the law.[2] Sarcone had obtained subpoenas in August 2025 seeking records tied to New York Attorney General Letitia James's probes of the NRA, President Donald Trump and his family business.[2]

In March 2025, Sarcone began a 120-day term as interim U.S. attorney.[2] After judges declined to extend him, Attorney General Pam Bondi named him special attorney and first assistant so he could be designated acting U.S. attorney under the Federal Vacancies Reform Act.[2]

The 2nd Circuit said its decision fits a string of appellate rulings that found some Trump-era acting prosecutors unlawfully appointed, citing cases involving Sigal Chattah in Nevada and Alina Habba in New Jersey.[2] If the Justice Department follows through with a Supreme Court appeal, the high court could set new limits on how acting U.S. attorneys are installed.

  1. CBS News
  2. MS NOW
Courts and Legal System Federal Justice Department Trump Administration Courts and Judiciary Justice Department & Federal Prosecutors
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📌 Key Facts

  • On Friday, August 21, 2026, the Justice Department said it disagrees with the 2nd Circuit's ruling on John A. Sarcone III and intends to take the case to the U.S. Supreme Court, according to the Justice Department.
  • The 2nd Circuit majority opinion held that under the Federal Vacancies Reform Act only a first assistant already in place when the vacancy arises can automatically serve as acting officer and criticized post‑vacancy designation of a first assistant as inconsistent with 'automatic succession.'
  • According to the DOJ account, Sarcone served a 120‑day term as interim U.S. attorney beginning in March 2025; after judges declined to extend him, Attorney General Pam Bondi appointed him special attorney and first assistant so he could be designated acting U.S. attorney under the Federal Vacancies Reform Act.
  • The subpoenas Sarcone obtained in August 2025 targeted records tied to Letitia James's investigations of the National Rifle Association, President Donald Trump and his family business.
  • The article says the ruling is part of a broader pattern of appellate decisions finding some Trump‑era acting prosecutors unlawfully appointed, citing cases involving Sigal Chattah in Nevada and Alina Habba in New Jersey in the same report on appellate decisions.

📰 Source Timeline (2)

Follow how coverage of this story developed over time

August 21, 2026
11:59 PM
DOJ to take fight over Trump-appointed U.S. attorney to Supreme Court
MS NOW by Ebony Davis
New information:
  • On Friday, August 21, 2026, the Justice Department said in a public statement that it disagrees with the 2nd Circuit's ruling on John A. Sarcone III and intends to take the case to the U.S. Supreme Court.
  • The article specifies that the subpoenas Sarcone obtained in August 2025 targeted records related to Letitia James's investigations of the National Rifle Association, President Donald Trump and his family business.
  • The piece details DOJ's appointment sequence: Sarcone served a 120-day term as interim U.S. attorney starting in March 2025, then, after judges declined to extend him, Attorney General Pam Bondi appointed him special attorney and first assistant U.S. attorney so he could be designated acting U.S. attorney under the Federal Vacancies Reform Act.
  • The 2nd Circuit majority opinion held that under the Federal Vacancies Reform Act, only a first assistant already in place when the vacancy arises can automatically serve as acting officer, and criticized post-vacancy designation of a first assistant as inconsistent with "automatic succession."
  • The article notes that this ruling is part of a broader pattern, citing recent appeals court decisions that Sigal Chattah was unlawfully serving as Nevada's acting U.S. attorney and Alina Habba as New Jersey's top federal prosecutor.