Federal Judge Ends Investigation into Selective Enforcement Claims

A federal judge has concluded an investigation regarding allegations of “selective enforcement” in the cases brought by New York Attorney General Letitia James against Donald Trump’s businesses and the National Rifle Association (NRA).

The ruling came from Judge Lorna Schofield, who determined that the acting attorney for the Northern District of New York, John Sarcone III, was improperly appointed in August. She stated, “When the executive branch of the government circumvents its restraints from Congress and uses its authority to expose political opponents to criminal investigation, it is acting without legal authority.”

Schofield emphasized that “any subpoena issued pursuant to that authority is void,” further quashing the subpoena and disqualifying Sarcone from any future related investigations.

Interestingly, the Justice Department remains able to issue similar subpoenas through properly authorized officials, as stated in the ruling.

In a separate matter, a mortgage fraud indictment against James was dismissed in November after Lindsay Harrigan was disbarred from her position as interim U.S. attorney for the Eastern District of Virginia. The Justice Department had attempted to secure new grand jury indictments against James, but their appeal was unsuccessful, as Harrigan was ruled disqualified in December.

Notably, Sarcone is the fifth U.S. attorney to be disqualified. This ruling followed similar determinations regarding U.S. attorneys in New Jersey, Nevada, and California, all found to be improperly appointed.

Schofield explained that the initial appointment of Sarcone as interim U.S. attorney was valid for 120 days, but once that term ended, the district judges chose not to extend it. Federal law required other procedures for filling the position, which the Justice Department failed to follow. Instead, they took steps to appoint Sarcone in a manner that the law does not permit.