A federal judge on Thursday disqualified the Trump loyalist top prosecutor in upstate New York and tossed subpoenas his office has issued to state Attorney General Letitia James.
It’s the latest in a wave of rulings that have rejected the administration’s effort to install U.S. attorneys while sidestepping the Senate confirmation process.
U.S. District Judge Lorna Schofield, appointed by President Barack Obama, wrote in a 24-page opinion that John Sarcone III has been unlawfully serving as the U.S. Attorney for the Northern District of New York.
“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,” she wrote, “it acts without lawful authority.”
A spokesperson for the Justice Department said it “will continue to fight and defend the President and the Attorney General’s authority to appoint their US Attorneys.” A spokesperson for James called the decision “an important win for the rule of law,” adding that “we will continue to defend our office’s successful litigation from this administration’s political attacks.”
The ruling comes as federal judges have rebuffed the appointments of top federal prosecutors across the country after the Trump administration used unusual tactics to install unqualified U.S. attorneys without Senate confirmation or judicial appointment.
In recent weeks, that gambit has met fierce resistance in the courts, resulting in two U.S. attorneys leaving their posts and Trump appearing to concede defeat. In early December, New Jersey U.S. Attorney Alina Habba resigned following an appeals court ruling upholding her disqualification. Shortly thereafter, Delaware U.S. Attorney Julianne Murray also left her post, citing the Habba ruling.
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