Overview
- At a narrowly focused hearing Thursday, the court examined only whether any defect in Sarcone’s appointment would void two subpoenas issued to the New York attorney general.
- Letitia James seeks to disqualify Sarcone and quash subpoenas for records tied to her civil cases against President Donald Trump’s business and the NRA, calling the probe retaliatory.
- The Justice Department argues Sarcone’s status as a special attorney and first assistant gave him authority to conduct grand jury proceedings even if he was not properly acting U.S. attorney.
- Sarcone’s path included a 120‑day interim stint that expired without judicial reappointment, followed by Attorney General Pam Bondi designating him a special attorney and first assistant before he signed the August subpoenas.
- Recent rulings in Virginia and New Jersey have rejected similar appointments, including a Virginia decision vacating indictments and a Third Circuit ruling disqualifying Alina Habba, raising stakes for the New York dispute.