A federal judge ruled Thursday that John Sarcone III, the acting U.S. attorney overseeing the Northern District of New York, is not lawfully in his position. Consequently, the judge granted the state’s request to quash two grand jury subpoenas against state Attorney General Letitia James’ office related to civil cases brought against President Donald Trump and the National Rifle Association. 

Sarcone is one of several acting U.S. attorneys around the country who were appointed through an unusual procedural move by U.S. Attorney General Pam Bondi. Bondi appointed Sarcone to serve in the position after Carla Freedman, who was nominated by former President Joe Biden, stepped down in February. Sarcone was sworn in on an interim basis on March 17. Interim appointments expire after 120 days. 

Those appointments have been found to be unlawful by several other courts.

“Mr. Sarcone’s service was and is unlawful because it bypassed the statutory requirements that govern who may exercise the powers of a U.S. attorney,” U.S. District Judge Lorna G. Schofield wrote in her ruling Thursday. “U.S. Attorneys must be nominated by the President and confirmed by the Senate. When a vacancy arises, federal law provides limited alternatives to fill the position temporarily. None authorized Mr. Sarcone to serve as Acting U.S. Attorney on August 5, 2025, when he relied on the authority of the office to request the subpoenas.” 

Because of Sarcone’s standing, the judge said the subpoenas issued agaubst James’ office are unenforceable. 

Sarcone’s authority has been challenged for some time. A panel of judges declined over the summer to appoint Sarcone. The U.S. Attorney’s Office has argued that Sarcone’s appointment is valid. Spectrum News 1 has reached out to Sarcone’s office for a response and inquired if they would appeal the decision.

Based in Albany, the U.S. attorney for the Northern District of New York supervises nearly 50 assistant U.S. attorneys and more than 50 other employees.