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Trump US attorney pick can no longer investigate one of the president’s top foes, court rules
CNN • • general
Key Points:
- A federal appeals court ruled 2-1 that John Sarcone, appointed by Trump as Acting US Attorney for the Northern District of New York, was unlawfully serving and must be removed from an investigation involving New York Attorney General Letitia James.
- This ruling is the third federal appeals court decision rejecting the Trump administration’s method of appointing US attorneys without Senate confirmation, with similar cases in Nevada and New Jersey also deemed unlawful.
- The Justice Department plans to appeal these rulings to the Supreme Court, defending its process of appointing first assistants or special attorneys to serve as acting US attorneys.
- The majority opinion emphasized that only the First Assistant holding the position at the time of vacancy can lawfully serve as acting US attorney, criticizing the government’s approach as circumventing the Federal Vacancies Reform Act.
- The dissenting judge argued that any first assistant can serve as acting officer within the 210-day limit, highlighting the need for executive branch functionality during political transitions.
