A judge is considering disqualifying an Albany area federal prosecutor who subpoenaed state Attorney General Letitia James over her investigations into President Donald Trump and the National Rifle Association.

U.S. District Judge Lorna Schofield heard oral arguments Thursday in the case in the Northern District of New York based in Albany. 

James’ office is challenging the authority of Acting U.S. Attorney John Sarcone III and wants to quash his subpoenas of her investigations. 

“A special attorney can act with a grand jury…if they’re properly appointed,” Schofield said.  

Thursday’s hearing comes after several acting U.S. attorneys around the country were recently disqualified after President Donald Trump’s administration tried to appoint justices, without a Senate confirmation, who support him. 

In July, U.S. Attorney General Pam Bondi appointed Sarcone to indefinitely serve as a special attorney in the Northern District after his interim appointment expired. 

Sarcone’s office then issued a pair of subpoenas related to civil cases James brought against Trump and the NRA — arguing they violated the First Amendment.

James’ office argues Sarcone did not have the power to do that, and alleges that Sarcone was not properly appointed after his 120-day interim post expired, violating the Federal Vacancies Reform Act. James’ office is working to quash both grand jury subpoenas and disqualify Sarcone from the investigation and the post as a whole.  

Meanwhile, the U.S. Attorney’s Office argues Sarcone’s appointment is valid, and that an assistant U.S. attorney could easily refile the subpoenas against James. 

Attorney Rob Singer said he thinks James’ argument is stronger than the U.S. Attorney’s Office as appointments have been found to be unlawful by several other courts.

“You have a number of different courts coming out against the administration,” Singer said. “…[Sarcone] is also the U.S. attorney in an acting basis. And so if he is invalid on that basis, does it make an invalid on the other basis, too? And that’s really where the rubber meets the road in this case and where Ms. James’s arguments from her lawyers today were focused on: Trying to attack the legitimacy of him in the office, as opposed to him just being an attorney in the office.”

A similar case is currently pending challenging the authority of the U.S. Attorney in California in the Ninth Circuit. It has yet to be heard. 

Several attorneys said as other federal courts weigh similar cases, it’s possible the issue will reach the U.S. Supreme Court. But in the meantime, it will create issues settling criminal and civil cases where federal attorneys are signing on to papers they may not have the authority to.

James’ office declined to provide further comment beyond arguments made in court.

There’s no clear timeline of when the judge will make a decision about Sarcone’s position or the subpoenas related to James’ civil cases against the president and the NRA.

Later Thursday, the U.S. Justice Department failed to secure a new indictment against A.G. James. This comes after a judge dismissed the previous mortgage fraud case which was encouraged by President Donald Trump, according to a person familiar with the matter. 

Both major political parties are increasingly engaging in legal action to weaponize the justice system based on their political agendas.

Shawn Donahue, a political science professor at the University at Buffalo, said it will be a long road for the courts to work out which of these challenges are valid or not.

James is up for reelection next year, and Donahue added the decisions could impact next year’s statewide elections.

“Some of these things are going to come to play in the attorney general’s race,” Donahue told Spectrum News 1. “With a Republican nominee against her, is that person politically connected to President Trump and trying to use those things against her?…but if you look at recent polling, Donald Trump is very much underwater in New York. So, the idea that maybe you’re the target of a very unpopular president within this state, does that potentially help Letitia James in her reelection?”Â