John Sarcone US attorney ruling
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
A federal appeals court ruled John Sarcone's appointment as acting U.S. attorney unlawful. The ruling bars him from investigating New York AG Letitia James.
Background
John Sarcone was appointed by the Trump administration as acting U.S. attorney for the Northern District of New York in 2025. His appointment was challenged because it did not comply with the Federal Vacancies Reform Act, which requires that the first assistant already in place when a vacancy arises be elevated to acting role. The case stems from subpoenas Sarcone issued to New York Attorney General Letitia James' office seeking records about lawsuits against Trump and the NRA. The Second Circuit's ruling upholds a January lower court decision that found Sarcone's appointment unlawful and the subpoenas invalid.
How it unfolded
- Aug 2025Sarcone issued subpoenas to New York AG Letitia James' office seeking records about civil lawsuits against Trump and the NRA.
- Jan 2026U.S. District Judge Lorna Schofield ruled Sarcone was unlawfully appointed and quashed the subpoenas.
- Aug 21, 2026The Second Circuit Court of Appeals in a 2-1 decision upheld the lower court ruling, finding Sarcone's appointment unlawful and barring him from the investigation into James.
Who’s saying what
- Court Majority
- The Federal Vacancies Reform Act only permits a first assistant already in place when the vacancy arises to become acting officer; Sarcone's appointment was an unlawful circumvention.
- Justice Department
- We disagree with the court's decision and intend to take this case to the Supreme Court.
- Letitia James
- James has denied wrongdoing and argued the investigations are payback for suing Trump's family business.