A federal appeals court ruled Friday that John Sarcone III was unlawfully serving as acting U.S. attorney for the Northern District of New York when he attempted to subpoena the New York state Attorney General's office. The 2-1 decision by the Second Circuit U.S. Court of Appeals voids Sarcone's subpoenas, which sought records concerning cases against President Donald Trump and the National Rifle Association.
The appeals court affirmed a January ruling by U.S. District Judge Lorna Schofield, who had declared Sarcone's service unlawful and his subpoenas unenforceable. Schofield's opinion stated that U.S. attorneys must receive presidential nomination and Senate confirmation to hold their positions legally.
Sarcone was appointed on an interim basis by former U.S. Attorney General Pam Bondi during the Trump administration. He was sworn into the role on March 17, 2025, succeeding Carla Freedman, who had stepped down the month prior. Federal regulations stipulate that interim appointments expire after 120 days.
Sarcone's interim appointment legally lapsed on July 14, 2025. By the time he issued the subpoenas against Attorney General Letitia James' office, he was occupying the Albany office without legal authority.
The Second Circuit stated that "Sarcone was not serving as Acting U.S. Attorney when he obtained the subpoenas because the FVRA (Federal Vacancies Reform Act of 1998) permits only a First Assistant already in place when the vacancy arises to become the acting officer automatically." The court concluded Sarcone did not meet this statutory requirement.
The U.S. Department of Justice appealed Judge Schofield's initial opinion, arguing that Sarcone's appointment was valid. The appeals court rejected this argument and upheld the district court's decision to void the subpoenas.
A panel of judges had declined to appoint Sarcone over the summer of 2025, further indicating questions about his legal standing. The ruling establishes a clear boundary for interim appointments within the executive branch, reinforcing the requirement for presidential nomination and Senate confirmation for federal prosecutors.
