Munger, Tolles & Olson secured a significant victory for the Office of the New York State Attorney General (NYAG), advancing the firm’s commitment to upholding the rule of law.
The matter arose after the NYAG, led by Letitia James, was served with two federal grand jury subpoenas seeking all documents related to its successful civil enforcement lawsuits against the Trump Organization and the National Rifle Association, both of which resulted in trial verdicts against the defendants. Issued amid an apparent retaliatory campaign, the subpoenas threatened the independence of the NYAG. The subpoenas were signed and issued by John Sarcone, III, who purported to be the Acting U.S. Attorney for the Northern District of New York, and who had been improperly appointed to that role in violation of the Federal Vacancies Reform Act.
The NYAG engaged MTO to challenge the subpoenas, and a team led by Hailyn Chen moved quickly to file motions to quash. The team prepared a comprehensive brief advancing novel arguments based on abuse of process, federalism, the First Amendment and the Federal Vacancies Reform Act. The team also successfully moved to unseal the briefing.
The court granted MTO’s motions to quash, holding that Sarcone had been improperly appointed, in violation of the Federal Vacancies Reform Act and the Appointments Clause, and disqualified Sarcone from further participation in the investigation. The decision reflects Munger, Tolles & Olson’s deep experience handling complex, high-stakes matters of national importance.
The MTO team included Brad Brian, Don Verrilli, Hailyn Chen, Martin Estrada, Vicky Degtyareva, Lauren Bilow, Daniel Kane, Claire Rogerson, Esthena Barlow and Shuyu Sun.
The case garnered significant media attention, including mentions in CNN, CBS News, Law360, Law.com and Bloomberg Law.