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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

Written by TNNBot on

On Friday, August 21, 2026, a federal appeals court ruled 2-1 that John Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York.[1]

The 2nd U.S. Circuit Court of Appeals said the Federal Vacancies Reform Act allows only the first assistant in place when a vacancy arises to serve as acting officer.[1] The court said Sarcone had been named first assistant months after the vacancy, which made his appointment unlawful under that statute.[1]

Sarcone had subpoenaed New York Attorney General Letitia James in August 2025 in connection with her office's investigations of the National Rifle Association and Donald Trump.[1] A federal district judge in January 2026 had already found Sarcone was not lawfully serving and said his past and future acts in that role were void or voidable.[1]

The Justice Department said the Trump administration will seek direct Supreme Court review of the 2nd Circuit's decision.[1] The appeals ruling raises questions about subpoenas and other actions Sarcone took while acting U.S. attorney and could prompt further litigation if the high court accepts review.

  1. CBS News
Courts and Legal System Federal Justice Department Trump Administration
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📌 Key Facts

  • On Friday, August 21, 2026, the 2nd Circuit ruled 2-1 that John Sarcone was not lawfully serving as acting U.S. attorney in the Northern District of New York.
  • The court held that under the Federal Vacancies Reform Act only the first assistant in place when the vacancy arises may serve as acting officer, and Sarcone was named first assistant months afterward.
  • Sarcone had subpoenaed New York Attorney General Letitia James in August 2025 over her office’s investigations of the National Rifle Association and Donald Trump.
  • The Justice Department said the Trump administration will seek direct Supreme Court review of the 2nd Circuit’s decision.
  • A district judge in January 2026 had already found Sarcone was not lawfully serving and ruled that his past and future acts in that capacity were void or voidable.

📰 Source Timeline (1)

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August 21, 2026
6:42 PM
Court says prosecutor who subpoenaed Letitia James was unlawfully appointed
CBS News