On Thursday, a different federal judge considered arguments concerning the validity of a prominent prosecutor appointed by The Trump administration, as New York Attorney General Letitia James questioned the power of the acting U.S. Attorney who is investigating two significant cases she is involved in.
TL;DR
- New York AG Letitia James challenges John Sarcone's authority as acting U.S. Attorney investigating her cases.
- Sarcone's appointment is questioned as part of Trump administration's tactic of installing loyalists without Senate approval.
- A judge is considering if Sarcone's actions, including issuing subpoenas, are invalid due to improper authority.
- The Justice Department defends Sarcone's appointment, while opponents call it an abuse of executive power.
The judicial proceeding examining the involvement of John Sarcone, currently serving as the U.S. Attorney for Northern New York, occurs as President Donald Trump's initiative to install political loyalists has encountered significant legal challenges. Jurists have recently determined that his chosen U.S. Attorneys for New Jersey, eastern Virginia, Nevada, and Los Angeles had been operating in violation of the law.
Democrat James is contesting Sarcone's right to supervise a Justice Department inquiry concerning regulatory actions she initiated against Trump and the National Rifle Association. This is among multiple contentions she's raising to halt subpoenas issued within the scope of the investigation, which her legal counsel asserts is a component of a concerted effort involving unfounded inquiries and legal actions against individuals considered adversaries of Trump.
Hailyn Chen, representing Sarcone, contended in court that Sarcone's lack of proper authority as U.S. Attorney renders any actions he took in that role, such as issuing subpoenas, invalid. When questioned by U.S. District Judge Lorna G. Schofield, Chen asserted that Sarcone ought to be removed from the inquiry and the office.
“Sarcone exercised power that he did not lawfully possess,” Chen told the judge.
The Justice Department's legal team asserts that Sarcone's appointment was legitimate and that the request to halt the subpoenas ought to be rejected. Assistant U.S. Attorney Richard Belliss contended that removing Sarcone would be “drastic and extreme.”
“We don’t think that’s a proper remedy,” Belliss said.
Schofield, after peppering both attorneys with questions, did not say when she would rule.
The dispute in New York and elsewhere primarily concerns the lawfulness of unconventional tactics employed by The Trump administration to nominate district attorneys who might not gain approval from the U.S. Senate.
The proceeding occurred seven days following a federal judge in Virginia dismissed indictments initiated there against James and ex-FBI Director James Comey. That judge determined that the interim U.S. Attorney who filed the accusations, Lindsey Halligan, had been improperly selected. The Justice Department anticipates lodging an appeal.
On Monday, a federal appeals court ruled indicated that Alina Habba, who previously served as Trump’s personal attorney, is barred from holding the position of New Jersey’s chief federal prosecutor.
According to federal statutes, the Senate must approve the president's selections for U.S. Attorney. In instances where a post is unfilled, the U.S. Attorney general possesses the authority to make a provisional appointment, though this tenure is limited to 120 days. Once this duration concludes, the judges within that jurisdiction have the option to retain the acting U.S. Attorney or designate an individual they deem suitable.
Sarcone’s appointment didn’t follow that path.
The President hasn't put forward a candidate for the U.S. Attorney position in the Northern District of New York. Attorney General Pam Bondi designated Sarcone as the acting U.S. Attorney back in March. Following the expiration of his 120-day tenure, the judges in the district declined to retain him in the role.
Bondi then took the uncommon action of naming Sarcone a special counsel, subsequently assigning him the role of principal deputy U.S. Attorney for the jurisdiction, a maneuver that federal authorities state permits him to function as an interim U.S. Attorney.
Chen called it an abuse of executive power.
The New York subpoenas are requesting documents pertaining to a civil action initiated by James concerning supposed deception in his personal business dealings and documentation from a legal dispute involving the National Rifle Association along with two high-ranking officials.
Belliss contended in court that the U.S. Attorney general possesses extensive power to select attorneys for her department and to assign her duties to those individuals. Belliss stated that even if Sarcone isn't legitimately occupying the role of acting U.S. Attorney, he is still capable of carrying out grand jury inquiries as a specially appointed attorney.
Sarcone was a member of Trump's legal group throughout the 2016 presidential election cycle and served the U.S. General Services Administration as the regional head for The Northeast and Caribbean during Trump's initial term.
Habba also held the position of interim U.S. Attorney. Following the expiration of her tenure, judges in New Jersey appointed a seasoned prosecutor, who had been her deputy, to the role. Subsequently, Bondi dismissed this prosecutor and reinstated Habba as the acting U.S. Attorney.
A comparable situation occurred with playing out in Nevada, where a federal magistrate prevented the Trump administration's selection for U.S. Attorney in that location. Furthermore, a federal judge in Los Angeles barred the interim U.S. Attorney in Southern California from participating in multiple legal proceedings, determining he had occupied the position beyond the statutory limit.
