Appeals court rules Sarcone unlawfully serving as acting U.S. attorney

A federal appeals court has ruled that John Sarcone III is unlawfully serving as acting U.S. attorney for the Northern District of New York. The 2-1 decision affirmed a lower-court ruling that Sarcone’s appointment as special attorney and first assistant did not comply with federal law governing high-level vacancies.

The case was brought by New York Attorney General Letitia James after Sarcone’s office subpoenaed records connected to lawsuits involving the National Rifle Association and President Donald Trump. A lower-court judge ordered the subpoenas quashed and barred Sarcone from participating in those investigations.

The appeals court’s majority questioned whether Sarcone had the qualifications and lawful appointment needed to lead the office. A dissenting judge said the attorney general had authority to delegate the powers of a U.S. attorney to Sarcone.

The ruling leaves unclear what happens next. Sarcone could appeal, and the Justice Department has not identified a nominee for the U.S. attorney position, according to the report.