A federal judge who was appointed by former President Barack Obama issued an order on Thursday disqualifying John Sarcone as the U.S. attorney for the Northern District of New York.
Adding insult to injury, Judge Lorna Schofield then tossed the subpoenas Sarcone’s office issued in August to state Attorney General Letitia James regarding civil cases brought by the Empire State against President Donald Trump and the National Rifle Association.
‘It acts without lawful authority.’
Sarcone has been investigating whether James’ office violated the president’s civil rights and the rights of others.
Attorney General Pam Bondi appointed Sarcone as interim U.S. attorney for NDNY on Feb. 28. His 120-day term began in earnest on March 1.
Since Sarcone was neither formally nominated by the president nor confirmed by the Senate, it was left up to a panel of judges overseeing the U.S. District Court for the Northern District of New York to appoint an attorney for the district at the end of Sarcone’s term, just one month after he was threatened with a knife, allegedly by an illegal alien.
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Photo by Michael M. Santiago/Getty Image
Although the panel declined to grant Sarcone a permanent appointment, Bondi designated him special attorney and first assistant U.S. attorney, effectively keeping him in charge of the office.
Schofield claimed in her ruling on Thursday that Sarcone was not lawfully serving as the acting U.S. attorney for the NDNY as his appointment supposedly “violates the [Federal Vacancies Reform Act] and the statutes governing U.S. Attorney appointments.”
“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,” wrote Schofield.
She suggested further that because Sarcone “used authority he did not lawfully possess to direct the issuance of the subpoenas, the subpoenas are quashed.”
A spokesperson from James’ office said in a statement obtained by CNN, “This decision is an important win for the rule of law, and we will continue to defend our office’s successful litigation from this administration’s political attacks.”
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