NY Attorney General Moves to Disqualify Acting U.S. Attorney in Trump, NRA Investigations

New York Attorney General Letitia James has asked a federal judge to disqualify John Sarcone from overseeing a Justice Department probe into civil lawsuits she filed against former President Donald Trump and the National Rifle Association. The request, filed in the Northern District of New York, seeks to quash subpoenas Sarcone issued on the ground that his appointment as acting U.S. attorney was unlawful.

What James alleges

James argues that the administration circumvented federal appointment rules to keep Sarcone in a powerful role after his interim term expired. Her lawyers contend that because Sarcone "has no legitimate authority" to act as U.S. attorney, any subpoenas he issued should be voided and he should be disqualified from the investigation. They describe the probe as part of a broader campaign of politically motivated investigations targeting perceived opponents of former President Trump.

Justice Department response

The Justice Department counters that Sarcone was properly appointed and that the motion to block the subpoenas should be denied. DOJ filings say the attorney general has broad authority to appoint and delegate duties within the department, and they argue that Sarcone can continue grand jury inquiries as a specially appointed attorney even if he is not formally serving as acting U.S. attorney.

How Sarcone was installed

According to court filings, Attorney General Pam Bondi initially named Sarcone the interim U.S. attorney for the Northern District of New York. When his 120-day interim term expired, local judges declined to retain him. Bondi then designated Sarcone as a special attorney and named him first assistant U.S. attorney — a procedural sequence federal officials say enables him to serve in an acting capacity despite the earlier rulings. James’ team calls that maneuver an end-run around federal law governing temporary executive appointments.

Broader legal context

The New York dispute is part of a wave of recent rulings scrutinizing unconventional interim appointments by the administration. Courts in New Jersey, eastern Virginia, Nevada and Los Angeles have recently found several Trump-era interim U.S. attorney appointments unlawful or disqualified individuals from serving in that role. Those rulings have led to dismissed indictments and replaced prosecutors in a number of politically sensitive matters.

Background and implications

Sarcone previously worked on Trump’s 2016 legal team and served in the administration as a regional administrator for the General Services Administration. The outcome of the New York hearing — scheduled for Thursday — could affect the validity of subpoenas and the scope of grand jury inquiries in James’ civil cases against Trump and the NRA, and it may influence how the executive branch fills interim prosecutor positions going forward.

"The subpoenas must be quashed, and Sarcone must be disqualified from this investigation," James' lawyers wrote in court papers.

The Justice Department has signaled it will defend Sarcone’s appointment and is expected to oppose efforts to block the subpoenas.