A federal appeals court has ruled that John Sarcone III, the US Attorney for New York’s Northern District appointed by the Trump administration, was not lawfully appointed to his position. The decision by a divided panel from the Second Circuit Court of Appeals on Friday found that two subpoenas Sarcone’s office sent to New York Attorney General Letitia James' office last year were invalid.
The Justice Department stated it disagrees with the ruling and intends to appeal the case to the Supreme Court.
This ruling comes as Sarcone's office is pursuing action against James. One of the invalidated subpoenas was related to the $464 million civil fraud judgment that James’ office secured against former President Donald Trump, a judgment that an appeals court previously voided as excessive. That matter is still pending before the New York Court of Appeals.
The second subpoena reportedly sought information regarding James’ own investigation into the National Rifle Association, along with other records. Sarcone, who previously served as a Trump campaign attorney, initiated his investigation into potential deprivation of rights allegations against James in coordination with the FBI in May 2025. James’ office has questioned Sarcone’s appointment and asserted his investigation is politically motivated.
Sarcone was initially named acting US attorney on March 17, 2025, enabling him to serve for 120 days without Senate confirmation. After this period expired and a panel of federal judges declined to extend his appointment, he was appointed first assistant US attorney and designated as a special attorney. This title is traditionally given to individuals handling cases across multiple districts or specific high-profile investigations. According to reports, Sarcone lacked prior prosecutorial experience when the Trump administration appointed him last year. He has continued to serve in his role even after a federal judge ruled in January that his initial appointment was unlawful.