New York AG James Challenges Acting U.S. Attorney’s Authority Over Trump Case

ALBANY, N.Y. — Lawyers for New York Attorney General Letitia James are set to argue in federal court on Thursday that acting U.S. Attorney John Sarcone should be disqualified from overseeing investigations into ongoing civil lawsuits against President Donald Trump.

James, a Democrat, is contesting the legitimacy of Sarcone’s appointment, which was made by Attorney General Pam Bondi during the Trump administration. The challenge centers on subpoenas Sarcone signed, which seek records related to the Trump Organization’s finances and the National Rifle Association’s operations.

The court hearing, overseen by Judge Lorna Schofield, will focus specifically on whether Sarcone’s appointment was improper and if so, whether it renders the subpoenas invalid. James is not expected to attend.

This latest legal battle follows previous rulings that found multiple Trump-appointed U.S. attorneys in other states were unlawfully serving. Sarcone’s appointment in March as interim U.S. attorney expired after 120 days without a replacement, leading to his controversial designation as a special attorney by Bondi.

Following his appointment, Sarcone initiated subpoenas in August, as part of a criminal investigation into allegations that constitutional rights were violated during state investigations. In court filings, James’s lawyers argued, “Since Sarcone has no legitimate authority to act as U.S. attorney, any legal steps he takes in that role are unauthorized and unlawful.”

However, Justice Department lawyers maintain that Sarcone’s appointment was legal. They argue that even if his status as acting U.S. attorney was found improper, his role as a special attorney allows him to conduct grand jury proceedings. “The office of United States Attorney was vacant when he was designated as FAUSA and remains vacant, so Mr. Sarcone shall perform the duties of the office on an acting basis,” they stated in their filings.

Other courts have previously upheld the Justice Department’s position regarding the legality of U.S. attorney appointments. A judge recently ruled against Trump’s former personal attorney Alina Habba’s interim appointment as unlawful.

In addition to the civil case involving Trump, in which the attorney general alleges that the Trump Organization inflated property values for favorable loan terms, James is also pursuing a lawsuit against the NRA for mismanagement of charitable funds.

The outcome of the hearing could have significant implications for ongoing investigations and the future of legal actions taken against Trump and associated organizations.