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Federal Judges Block Permanent Appointment of Interim U.S. Attorney in Northern New York

Judges invoked their statutory power in a rare move leaving Sarcone’s tenure hinging solely on a presidential nomination followed by Senate confirmation

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Federal judges in the Northern District of New York have opted not to maintain John Sarcone as U.S. attorney.

Overview

  • A panel of judges for the Northern District of New York declined on July 14 to exercise authority under 28 U.S.C. § 546(d) to appoint John Sarcone as permanent U.S. Attorney.
  • Experts say this may be the first instance in New York where an interim U.S. Attorney failed to secure an extension or permanent appointment from a judges panel.
  • Sarcone’s interim term expires this week and he now relies on President Trump formally nominating him for a Senate confirmation vote.
  • Department of Justice officials are reportedly considering a second interim reappointment if the formal nomination process stalls.
  • The decision underscores tensions over politicized U.S. Attorney placements and judicial oversight of executive appointments.