Federal judge disqualifies U.S. Attorney, discarding his subpoenas against NY’s Letitia James

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NORTHERN NY STATE — A FEDERAL JUDGE has disqualified the chief prosecutor in Northern New York’s federal court, and tossed the subpoenas he issued against State Attorney General Letitia James, report Politico and other sources.

U.S. District Judge Lorna G. Schofield, in her Opinion and Order dated Jan. 8, 2026, ruled that U.S. Attorney John A. Sarcone III was not lawfully in his position on the date of the grand jury subpoenas against Attorney General James. She stated here “that 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. 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.” Judge Schofield points out 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. Sarcone’s temporary appointment had expired after 120 days and the district judges had declined to extend his appointment.

Judge Schofield also pointed out that the issue of the federal government’s alleged retaliation against its political adversaries, including Attorney General James, were not germane at this time.

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