ALBANY, N.Y. (WRGB) — John Sarcone did not have legal authority to obtain two grand jury subpoenas directed at the New York State Attorney General’s Office.
That’s the ruling released by the U.S. Court of Appeals for the Second Circuit on Friday.
The court says Sarcone’s interim period as U.S. attorney expired in July 2025. Federal judges declined to appoint a U.S. attorney after that interim period. However, the Justice Department took steps to keep him on in an acting capacity.
The subpoenas sought documents and communications related to the Attorney General’s Office’s cases involving the National Rifle Association and Donald Trump. The opinion does not say James herself was subpoenaed.
James’ office alleged the subpoenas were retaliatory, but the court did not rule on that claim.
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