A federal judge disqualified a top prosecutor aligned with Trump in upstate New York and dismissed subpoenas his office had issued to state Attorney General Letitia James as part of a criminal investigation. The judge ruled that he had been serving unlawfully in that position.
U.S. District Judge Lorna G. Schofield, appointed by President Barack Obama, wrote in a 24-page decision that John A. Sarcone III had overstepped his legal authority by continuing to act as the top federal prosecutor for the Northern District of New York after the interim period for his appointment had expired. Schofield stated that the subpoenas issued under that authority are invalid and disqualified Sarcone from further involvement in the investigations concerning James.
“When the Executive branch of government bypasses the constraints imposed by Congress and then uses that power to subject political opponents to criminal investigations, it acts without lawful authority,” Schofield wrote, according to Politico.
Sarcone’s subpoenas sought information from James’s office as part of a federal probe into her well-known lawsuits against former President Donald Trump and the National Rifle Association. The subpoenas were issued in August, shortly after Sarcone’s interim appointment as U.S. attorney expired according to federal law.
Schofield ruled that the Department of Justice’s actions to keep Sarcone on, including designating him as “special attorney” and first assistant U.S. attorney after a panel of district judges declined to extend his interim term, did not grant him lawful authority for his actions. The judge stated that the subpoenas are nullified because the underlying appointment was not valid.
BREAKING:
Ex-Trump campaign lawyer John Sarcone is DISQUALIFIED from investigating or prosecuting NY Attorney General Letitia James because he was unlawfully appointed as US Attorney.
This is the second investigation, which I covered live from Albany. https://t.co/LjI7AdfHYK pic.twitter.com/EYf3Mbvkvb
— Adam Klasfeld (@KlasfeldReports) January 8, 2026
This ruling is the latest in a series of decisions by federal courts that reject efforts by the Trump administration to retain politically aligned prosecutors without Senate confirmation. Other judges have disqualified interim U.S. attorneys in New Jersey, Nevada, and California under similar circumstances, stating that their appointments violated legal limits and the constitutional role of the Senate in confirming presidential nominees.
Sarcone’s removal from the case raises the question of whether DOJ prosecutors will reissue the subpoenas through a properly appointed official. Schofield noted that a valid authority could reissue valid subpoenas if necessary, but emphasized that actions taken under Sarcone’s authority are invalid.
A spokesperson for the attorney general stated that the ruling confirms that prosecutors must operate within the limits of federal law. The spokesperson said the judge’s action restores proper legal standards to the investigation. The office did not provide additional comment immediately.
DOJ lawyers have argued in related filings that Sarcone’s appointment and actions were lawful under broad executive power, but the judge’s decision rejected this view and highlighted the legal requirements for U.S. attorneys. The department has not indicated whether it will appeal the ruling.
James frequently faces federal investigations and legal actions as of the president’s political enemies after a successful civil fraud case against Trump and his business interests. That judgment, initially over $500 million, was later overturned by a state appeals court on procedural grounds.
The decision could impact other investigations led by interim prosecutors whose appointments have bypassed the Senate confirmation process. The Federal Vacancies Reform Act allows interim appointments for up to 120 days, after which the Senate must confirm nominees or district judges may appoint replacements. Several Trump-aligned prosecutors have remained in their roles beyond these limits through administrative workarounds that federal judges have rejected multiple times.
Thursday’s ruling does not prevent the DOJ from continuing its investigation into James or other officials, but it requires that these inquiries be managed by prosecutors whose appointments follow federal law. This is another example of the increasing judicial scrutiny of the executive branch’s use of interim appointments in sensitive political cases.
