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10h ago

Appeals Court Questions Legality of Trump Administration’s Interim U.S. Attorney Appointments

The case could curb efforts to keep unconfirmed prosecutors in charge without Senate approval.

FILE - John Sarcone, acting U.S. Attorney for Northern New York, leaves Manhattan federal court in New York, on Dec. 4, 2025. (AP Photo/Michael Sisak, File)
First Assistant U.S. Attorney John A. Sarcone III has continued to run the office of New York's Northern District despite a federal judge's ruling in January that found his appointment was invalid. A federal appeals court heard arguments in the case Monday.

Overview

  • The 2nd Circuit panel, which heard arguments Monday, voiced doubts about extended service by unconfirmed top prosecutors and reserved its decision.
  • The dispute centers on John Sarcone, whose 120-day interim term in New York’s Northern District expired before he stayed on as “first assistant.”
  • In February, a federal judge barred Sarcone from issuing grand jury subpoenas in a probe of New York Attorney General Letitia James.
  • Justice Department lawyer Henry Whitaker said Congress provided overlapping tools that authorized Sarcone to run investigations and issue subpoenas.
  • Courts have already nixed similar appointments in New Jersey and Virginia, leading to a resignation and dismissal of indictments.