Judge Disqualifies U.S. Attorney Probing Letitia James’ Cases Against Trump, NRA

A federal judge shut down probes on Monday investigating alleged “selective enforcement” in cases Democratic New York Attorney General Letitia James brought against President Donald Trump’s business and the National Rifle Association (NRA).

John Sarcone III, who issued subpoenas to James’ office in August, was unlawfully appointed to his position as acting U.S. Attorney for the Northern District of New York, the judge held.

“When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,” Judge Lorna Schofield, an Obama appointee, wrote in her opinion.

“Subpoenas issued under that authority are invalid,” she continued. “The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations.”

The DOJ can still reissue similar subpoenas “through a lawfully authorized official,” according to the ruling.

A separate indictment charging James with mortgage fraud was dismissed in November after Lindsey Halligan was disqualified as Interim U.S. Attorney for the Eastern District of Virginia.

The DOJ failed twice to secure a new grand jury indictment against James. It appealed the ruling disqualifying Halligan in December.

Sarcone is the fifth U.S. attorney to be disqualified. Along with Halligan, judges have found U.S. attorneys in New Jersey, Nevada and California unlawfully appointed.

“The U.S. Attorney General initially appointed Mr. Sarcone as Interim U.S. Attorney for 120 days,” Schofield wrote. “When that term expired, this District’s judges declined to use their statutory authority to extend his tenure. Federal law then required the use of other statutory procedures to fill the position. The Department of Justice did not follow those procedures. Instead, on the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney. Federal law does not permit such a workaround.”

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