John Sarcone III. Photo via U.S. Department of Justice.
Among the most lawless actions of President Donald Trump’s Justice Department are his appointments of U.S. Attorneys. The most recent appointment of John Sarcone III as the top federal prosecutor for New York’s Northern District, which includes the Capital Region, is a perfect example.
U.S. Attorneys are the most powerful prosecutors in their districts. There are 93 federal districts. The U.S. Constitution provides that U.S. Attorneys are appointed by the president and must be confirmed by the Senate for four-year terms. Due to political transitions, these positions often become vacant and are filled temporarily by acting U.S. Attorneys who are appointed under the Federal Vacancies Reform Act.
Trump has openly bypassed the rules for filling vacancies, especially the Senate confirmation process. He has used his appointment power to place MAGA loyalists in charge of key U.S. Attorneys’ offices. These appointees in turn have used their positions to advance Trump’s law enforcement agenda, including investigating and prosecuting Trump’s enemies. Trump and the Justice Department have circumvented the appointment process by exploiting loopholes in the Federal Vacancies Act and disregarding judicial orders on appointments in an effort to subordinate the federal criminal justice process to control by the White House.
The most controversial appointments to date have included Alina Habba in New Jersey, Lindsay Halligan in Virginia, Bilal Essayli in California, Sigal Chattah in Nevada, and Sarcone. Habba and Halligan have vacated their positions as interim U.S. attorneys following federal court rulings that deemed their appointments unlawful. Essayli’s appointment was ruled unlawful, but the same judge allowed him to continue leading the office as first assistant U.S. attorney. Chattah was disqualified and is appealing her disqualification to the U.S. Court of Appeals for the Ninth Circuit.
Sarcone’s status in New York is, to say the least, tumultuous. Indeed, it is unclear who is running that office.
In March 2025, Sarcone, a Trump loyalist with no previous prosecutorial experience, was appointed as the Northern District’s U.S. attorney. Sarcone had been a regional administrator for the U.S. General Services Administration and a town attorney in Westchester County. He was appointed to a 120-day term. To retain his position, Sarcone needed the approval of the Board of Judges of the United States District Court for the Northern District.
It would be a huge understatement to say that Sarcone’s four-month tenure was controversial. He publicly denounced Albany’s Police Department, criticized local journalists, and lambasted President Joe Biden’s immigration policies. And by publicly confirming his investigation of New York State Attorney General Letitia James and then disparaging her by accusing her of improper and unethical conduct, Sarcone likely violated internal Justice Department policies against commenting on ongoing investigations. In fact, James had challenged Sarcone’s appointment and sought to quash subpoenas issued by him demanding records relating to her office’s civil investigations into the Trump Organization’s finances and the National Rifle Association.
In an extremely rare move, a panel of judges declined to allow Sarcone to remain as U.S. attorney. It appears that widespread criticism of Sarcone for his lack of prosecutorial was the basis for the panel’s rejection of his appointment. The panel’s statement was short and cryptic, stating only, “The Board of Judges of the United States District Court for the Northern District of New York declines to exercise the authority granted pursuant to 28 U.S. Code § 546(d) to appoint a United States attorney for the Northern District of New York.”
After the panel’s ruling, and undeterred by the judges’ order, the Justice Department redesignated Sarcone’s title as a “special attorney.” However, last month, U.S. District Judge Lorna Schofield of the Southern District of New York quashed the subpoenas issued by Sarcone against James, finding that Sarcone was not lawfully serving as acting U.S. attorney when the subpoenas were issued.
And last week, Donald Kinsella, a prominent lawyer in New York, was appointed by a panel of federal judges to be the U.S. attorney for the Northern District. But after spending less than a day in the position, Kinsella was immediately fired by the Justice Department. Deputy Attorney General Todd Blanche announced his firing in a social media post, stating tersely, “Judges don’t pick U.S. Attorneys,” the president does. Blanche then added, “You are fired, Donald Kinsella.”
The panel of judges issued its own statement: “The Court thanks Donald T. Kinsella for his willingness to return to public service so that this vacancy could be filled with a qualified, experienced former prosecutor, and for his years of distinguished work on behalf of the citizens of the Northern District of New York.”
So, who is the U.S. Attorney in New York’s Northern District? Given Attorney General Pam Bondi’s circus-like performance before the House Judiciary Committee last week, it’s anybody’s guess.
The website of the U.S. Attorney’s Office in the Northern District of New York lists the “staff profile” page for Sarcone. His title is now “First Assistant U.S. Attorney.”
And Trump’s effort to control and use prosecutorial power for his own self-interest continues unabated.
Bennett L. Gershman is a distinguished professor at the Elisabeth Haub School of Law at Pace University