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Judge Disqualifies Sarcone as Unlawful U.S. Attorney, Voids Letitia James Subpoenas, Denies IRS Bid

The court found DOJ’s reassignment tactic violated statutory limits on interim U.S. attorneys.

Overview

  • U.S. District Judge Lorna G. Schofield ruled that John A. Sarcone III was not lawfully serving as acting U.S. attorney for the Northern District of New York.
  • The judge said Sarcone’s past or future acts in that capacity are void or voidable and quashed subpoenas tied to investigations of New York Attorney General Letitia James.
  • On Friday, Schofield denied Sarcone’s sealed application for IRS tax return information in a criminal probe, finding he lacked authority to authorize the request.
  • The IRS filing remains sealed, with reporting indicating it sought tax data for a limited liability company without identifying the filer.
  • Schofield’s rulings align with decisions in other districts disqualifying Trump-era appointees after DOJ reassigned them without Senate confirmation, while the department says it will continue to defend its appointment authority.