![\"john_a._sarcone_iii_0\"](\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/02\/john_a._sarcone_iii_0.jpg\" "\\"Op-Ed")
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John Sarcone III. Photo via U.S. Department of Justice.<\/p>\n
Among the most lawless actions of President Donald Trump\u2019s 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\u2019s Northern District, which includes the Capital Region, is a perfect example.\u00a0\u00a0\u00a0\u00a0<\/p>\n
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.\u00a0\u00a0<\/p>\n
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\u2019 offices. These appointees in turn have used their positions to advance Trump\u2019s law enforcement agenda, including investigating and prosecuting Trump\u2019s 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.<\/p>\n
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\u2019s 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. <\/p>\n
Sarcone\u2019s status in New York is, to say the least, tumultuous. Indeed, it is unclear who is running that office.\u00a0\u00a0\u00a0\n<\/p>\n
In March 2025, Sarcone, a Trump loyalist with no previous prosecutorial experience, was appointed as the Northern District\u2019s 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.<\/p>\n
It would be a huge understatement to say that Sarcone\u2019s four-month tenure was controversial. He publicly denounced Albany\u2019s Police Department, criticized local journalists, and lambasted President Joe Biden\u2019s immigration policies. And by publicly confirming his\u00a0 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\u2019s appointment and sought to quash subpoenas issued by him demanding records relating to her office\u2019s civil investigations into the Trump Organization\u2019s finances and the National Rifle Association.\u00a0<\/p>\n
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\u2019s rejection of his appointment. The panel\u2019s statement was short and cryptic, stating only, \u201cThe 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 \u00a7 546(d) to appoint a United States attorney for the Northern District of New York.\u201d<\/p>\n
After the panel\u2019s ruling, and undeterred by the judges\u2019 order, the Justice Department redesignated Sarcone\u2019s title as a \u201cspecial attorney.\u201d However, last month,<\/a> 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.\u00a0<\/p>\n