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ALBANY, N.Y. – In a significant legal development, a judge has removed a federal prosecutor from handling investigations into New York Attorney General Letitia James. On Thursday, the ruling concluded that the prosecutor had been unlawfully serving in his position when he sought subpoenas.
U.S. District Judge Lorna G. Schofield has halted subpoenas issued by John Sarcone, the acting U.S. attorney for the Northern District of New York.
Judge Schofield stated, “The subpoenas are unenforceable due to a threshold defect: Mr. Sarcone was not lawfully serving as Acting U.S. Attorney when the subpoenas were issued.”
Attorney General James, a Democrat, contested Sarcone’s authority after he issued subpoenas related to her lawsuits against former President Donald Trump, accusing him of fraud in his business activities, as well as against the National Rifle Association and several of its former executives.
The Justice Department’s legal team maintains that Sarcone’s appointment was legitimate and the subpoenas were justified. James argues that the investigation into her legal actions is part of a broader pattern of unfounded probes and prosecutions targeting individuals considered adversaries by Trump.
The ruling is the latest to address the legality of unusual maneuvers the Trump administration has performed to try and keep its favored candidates for U.S. attorney in those jobs indefinitely, without going through the usual process of getting them confirmed in the U.S. Senate.
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