The top federal prosecutor in the Northern District of New York held his position illegally, a judge ruled Thursday.
U.S. District Judge Lorna Schofield’s ruling against Assistant U.S. Attorney John Sarcone III marks the fifth time a judge has found a top prosecutor appointed by Attorney General Pam Bondi to have held the office illegally.
As in other cases, Mr. Schofield ruled that the Justice Department attempted to use impermissible workarounds to keep Mr. Sarcone in office despite the 120-day limit on U.S. attorneys whose nominations have not been confirmed by the Senate.
“The Department of Justice did not follow such a process. Instead, on the same day the judge refused to extend Mr. Sarcone’s appointment, the Department took coordinating steps to install Mr. Sarcone as Acting U.S. Attorney through a personnel change and title change,” Schofield wrote. “Federal law does not allow for such workarounds.”
The Justice Department did not respond to requests for comment.
Mr. Schofield made the decision as part of a lawsuit filed by New York State Attorney General Letitia James’ office seeking to quash a grand jury subpoena filed by Mr. Sarcone with the office. The subpoenas sought information regarding two civil fraud cases filed by James against President Donald Trump and the National Rifle Association. James’ office did not immediately respond to a request for comment on Thursday’s ruling.
Mr. Sarcone “personally directed the issuance of both subpoenas. Mr. Sarcone is the only name listed on the subpoenas and the requested documents may be personally returned,” the judge wrote.
She noted that Sarcone “asserted the title of acting U.S. attorney and then used that authority to subpoena state law enforcement agencies that the president had publicly named as political adversaries.”
“A grand jury should not be the ‘prosecutor’s personal tool,’ much less a jury that is not legally appointed,” Schofield wrote.
“When the executive branch of the government circumvents restraint by Congress and uses its authority to expose political opponents to criminal investigation, it is acting without legal authority. Subpoenas issued under that authority are invalid,” she wrote, adding that Sarcone will be removed from the investigation.
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