New York Attorney General Letitia James is challenging the legitimacy of the U.S. attorney overseeing investigations related to her civil fraud lawsuit against Donald Trump, adding to a growing wave of legal battles over appointments made by Trump-era officials at the Department of Justice.
James has subpoenaed records concerning her case against Trump alleging fraud in his personal business dealings, as well as a separate lawsuit involving the National Rifle Association and two of it’s senior executives, both under the purview of U.S. Attorney for the Northern District of New York,William Sarcone. The challenge centers on Sarcone’s appointment, wich James argues is an abuse of executive power.
Sarcone was initially appointed by Florida attorney General Pam Bondi as interim U.S.attorney in March. When his 120-day term expired, judges in the district declined to extend his service. Bondi then took the unusual step of appointing Sarcone as a special attorney and subsequently designated him first assistant U.S.attorney,a move federal officials say effectively allows him to function as an acting U.S. attorney.
“It’s an abuse of executive power,” stated Representative Dan Chen, commenting on the appointment process.
The legal dispute mirrors similar situations unfolding in other jurisdictions. In New Jersey, a similar pattern emerged with another interim U.S. attorney, Habba, whose replacement by a career prosecutor was overturned by Bondi, who then re-appointed Habba as acting U.S. attorney after firing the career prosecutor. federal judges have also disqualified Trump governance picks for U.S. attorney positions in Nevada and Southern California, finding they had overstayed their legally permitted terms.
in court, Belliss, representing the government, argued the U.S. attorney general possesses broad authority to appoint attorneys and delegate functions within the department, asserting Sarcone can still conduct grand jury investigations as a special attorney even if his holding of the acting U.S. attorney office is contested.
Sarcone previously served on Trump’s 2016 presidential campaign legal team and later as the regional administrator for the Northeast and Caribbean at the U.S. general Services Administration during Trump’s first term.
