Appeals court says federal prosecutor who subpoenaed Letitia James was unlawfully appointed

Key Points:

• A federal appeals court ruled that John Sarcone, the top federal prosecutor in the Northern District of New York, was unlawfully serving as acting U.S. attorney when he subpoenaed New York Attorney General Letitia James in 2025, violating the Federal Vacancies Reform Act (FVRA).
• The court's majority held that only the first assistant in place when a vacancy arises can become acting officer under the FVRA, and Sarcone was appointed first assistant months after the vacancy, making his appointment invalid.
• The Trump administration plans to appeal the ruling directly to the Supreme Court, continuing its efforts to keep preferred U.S. attorneys in office without Senate confirmation by using two different laws, including the FVRA and the attorney general's interim appointment power.
• Similar legal challenges have occurred in other districts, including New Jersey, Virginia, Nevada, and California, where Trump-appointed prosecutors were found to be unlawfully serving, leading to resignations, disqualifications, and overturned indictments.
• The Justice Department has criticized the rulings as penalizing compliance and complicating office management, while courts emphasize adherence to the statutory framework governing interim federal appointments.