{"id":395932,"date":"2026-01-08T21:22:08","date_gmt":"2026-01-08T21:22:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/395932\/"},"modified":"2026-01-08T21:22:08","modified_gmt":"2026-01-08T21:22:08","slug":"judge-disqualifies-prosecutor-leading-probe-of-attorney-general-letitia-james","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/395932\/","title":{"rendered":"Judge disqualifies prosecutor leading probe of Attorney General Letitia James"},"content":{"rendered":"<p>ALBANY \u2014 A judge on Thursday disqualified a federal prosecutor in Albany from leading investigations into New York Attorney General Letitia James, ruling that he had\u00a0been installed in his post unlawfully by the Trump administration.<\/p>\n<p>The decision is the latest blow to the U.S. Department of Justice\u2019s attempt to investigate James\u2019 investigations into the Trump Organization and the National Rifle Association.<\/p>\n<p>On Wednesday, federal Judge Lorna Schofield ruled John Sarcone has been serving illegally as the acting U.S. attorney for the Northern District of New York because the Trump administration twisted procedures by installing him without U.S. Senate confirmation or confirmation by a panel of federal judges.<\/p>\n<p>After Sarcone hit those roadblocks, U.S. Attorney General Pam Bondi appointed Sarcone as &#8220;acting&#8221; federal attorney for the Northern District and he issued subpoenas to James.<\/p>\n<p>James argued Sarcone had no authority to pursue subpoenas because he wasn\u2019t lawfully installed in his job and\u00a0Schofield agreed.<\/p>\n<p>&#8220;When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,&#8221; Schofield wrote. &#8220;Subpoenas issued under that authority are invalid. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations.&#8221;<\/p>\n<p>At another point in her 24-page decision, Schofield wrote: &#8220;Mr. Sarcone is not lawfully serving as Acting U.S. Attorney. Any of his past or future acts taken in that capacity are void or voidable as they would rest on authority Mr. Sarcone does not lawfully have.&#8221;<\/p>\n<p>The U.S. Attorney\u2019s Office and the Department of Justice didn&#8217;t immediately comment.<\/p>\n<p>James&#8217; office issued a statement, saying: \u201cThis decision is an important win for the rule of law and we will continue to defend our office\u2019s successful litigation from this administration\u2019s political attacks.&#8221;<\/p>\n<p>\u00a0This wasn&#8217;t the first time a Trump pick for federal prosecutor &#8212; who had political ties but no prosecutorial experience &#8212; has been disqualified by the courts as illegally appointed.<\/p>\n<p>In December, a federal court d<a class=\"nd-link\" href=\"https:\/\/www.newsday.com\/news\/nation\/alina-habba-y31713\" rel=\"nofollow noopener\" target=\"_blank\">isqualified Alina Habba as New Jersey&#8217;s<\/a> top federal prosecutor. Like Sarcone, Habba was appointed on a temporary basis after the U.S. Senate indicated it wouldn&#8217;t confirm her; later, a panel of federal judges appointed her subordinate to the role when the appointment term expired. Habba subsequently resigned.<\/p>\n<p>In November, a judge dismissed criminal cases in Virginia against James and former FBI Director James Comey, saying the prosecutor who brought the charges had been <a class=\"nd-link\" href=\"https:\/\/www.newsday.com\/news\/nation\/comey-james-justice-department-s40555\" rel=\"nofollow noopener\" target=\"_blank\">improperly installed by the Trump <\/a>administration.<\/p>\n<p>Similar scenarios have played out in <a class=\"nd-link\" href=\"https:\/\/www.newsday.com\/news\/nation\/trump-letitia-james-halligan-sarcone-subpoenas-r87648\" rel=\"nofollow noopener\" target=\"_blank\">California and Nevada<\/a>.<\/p>\n<p>In New York, Sarcone issued subpoenas related to cases James filed against President Donald Trump over alleged fraud in his personal business dealings and from a lawsuit\u00a0involving the National Rifle Association and two senior executives.<\/p>\n<p>Prosecutors are also looking at financial transactions between James and her longtime hairdresser, the New York Times reported Thursday, citing people familiar with the matter.<\/p>\n<p>James has said the president&#8217;s administration is using the justice system as a \u201ctool of revenge\u201d against adversaries.<\/p>\n<p>Though Schofield terminated the subpoenas in New York, she said the Justice Department is free to try to re-issue them &#8220;without Mr. Sarcone&#8217;s involvement&#8221; and James&#8217; office could then &#8220;renew its motion to quash.&#8221; \u00a0<\/p>\n<p>\u00a0Senate Minority Leader Chuck Schumer (D-New York) praised the ruling.\u00a0\u201cThe people of the Northern District of New York deserve a qualified, independent prosecutor, not a political loyalist,&#8221; Schumer said in a statement. &#8220;Today\u2019s ruling is a clear rebuke of Donald Trump\u2019s disregard for the rule of law.\u201d<\/p>\n<p>The Associated Press contributed to this story.<\/p>\n<p><img alt=\"Yancey Roy\" loading=\"lazy\" width=\"88\" height=\"104\" decoding=\"async\" data-nimg=\"1\" style=\"color:transparent\"  src=\"https:\/\/www.newsbeep.com\/us\/wp-content\/uploads\/2026\/01\/1767907328_803_image.jpeg\"\/><\/p>\n","protected":false},"excerpt":{"rendered":"ALBANY \u2014 A judge on Thursday disqualified a federal prosecutor in Albany from leading investigations into New York&hellip;\n","protected":false},"author":2,"featured_media":395933,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[4,450,451,2559,3,452,453],"class_list":["post-395932","post","type-post","status-publish","format-standard","has-post-thumbnail","category-breaking-news","tag-breaking-news","tag-breakingnews","tag-headlines","tag-local-politics","tag-news","tag-top-stories","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/395932","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=395932"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/395932\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/395933"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=395932"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=395932"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=395932"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}