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Trump’s DOJ Grants ‘Special Attorney’ Title to Keep New York Prosecutor in Post

The 28 U.S.C. § 515 designation bypasses all conventional checks on U.S. Attorney appointments.

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U.S. Attorney John A. Sarcone III. (US Attorney's Office NDNY)
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Overview

  • On July 14 a federal judges’ panel declined to make John Sarcone the permanent U.S. Attorney for the Northern District of New York without offering a public rationale.
  • Two days later the DOJ’s human resources division appointed Sarcone as “special attorney to the attorney general,” allowing him to lead the office indefinitely under 28 U.S.C. § 515.
  • Legal scholars note that Section 515 has historically been used for specific-case prosecutors and argue that installing an office’s top leader falls outside its intended scope.
  • Sarcone’s credibility has faced scrutiny after surveillance footage contradicted his account of a knife chase and his purported Albany residence was found to be a vacant building.
  • Observers say the move reflects a broader presidential strategy of relying on interim titles to sidestep Senate confirmation and judicial oversight.