Judicial Decision Disbars U.S. Attorney in New York

A federal judge has disbarred the U.S. attorney for the Northern District of New York, John Sarcone, and rejected a subpoena he issued to state Attorney General Letitia James. This ruling came down on Thursday from Judge Lorna Schofield, who was appointed by President Obama, in a detailed 24-page decision.

According to Schofield, Sarcone’s role as acting U.S. attorney was illegal. She emphasized that it’s problematic when the executive branch bypasses Congressional limitations to investigate political adversaries. Schofield noted, “When the executive branch of government circumvents Congressional restraint and uses its authority to expose political opponents to criminal investigation, it is acting without legal authority.”

Judge Schofield declared the subpoena invalid, stating it was based on an unlawful foundation. “Mr. Sarcone was not lawfully serving as a deputy U.S. attorney at the time the subpoena was issued,” she explained.

Letitia James had challenged Sarcone’s legitimacy after he called for information regarding a lawsuit he had initiated against former President Donald Trump. The complaint alleged fraudulent business dealings involving James and also targeted the National Rifle Association and its former leadership.

James contended that the subpoenas formed part of a broader strategy aimed at investigating Trump’s associates. A spokesperson for James described the judge’s ruling as a significant win for the rule of law, asserting their commitment to defending against political maneuvers by the current administration.

Meanwhile, the Justice Department maintained that Sarcone was correctly appointed and that his subpoena was legitimate. Sarcone had initially been appointed as interim U.S. attorney for a lengthy term by Attorney General Pam Bondi, yet his term expired without an extension from the judges in that district. Schofield observed that changes made by the Department to maintain Sarcone’s title did not comply with federal law.

This ruling isn’t an isolated incident; federal judges have also disbarred prosecutors in Nevada, Los Angeles, and Virginia. Additionally, the recent termination of Lindsey Harrigan as Virginia’s lead federal prosecutor could lead to the dismissal of charges against James and former FBI Director James Comey.

On a related note, a federal judge ordered Harrigan to clarify his continued claim to the title of U.S. attorney for the Eastern District of Virginia, contradicting a prior ruling that deemed his appointment illegal.