Appeals court upholds block on US Justice Department subpoenas to NY AG James’ office
A U.S. appeals court ruled Friday that the Justice Department cannot enforce subpoenas seeking information about cases pursued by New York Attorney General Letitia James because it unlawfully installed a Trump ally as a top prosecutor.
The case involves subpoenas issued in August 2025 by Albany federal prosecutor John Sarcone, seeking records related to civil lawsuits James filed against President Donald Trump, his family business and the National Rifle Association. Both Trump and the NRA were found liable and said they were politically targeted.
The Manhattan-based 2nd U.S. Circuit Court of Appeals upheld, 2-1, a lower court ruling barring Sarcone from investigating the matter, finding he was unlawfully serving as lead prosecutor. The ruling marks the third time an appeals court has rejected Trump administration efforts to bypass the appointment process for U.S. Attorneys, who must be confirmed by the Senate or approved by federal judges.
The DOJ said it disagreed and would appeal to the Supreme Court.
The subpoenas were part of a criminal investigation into potential civil rights violations connected to James’ cases. No charges have been filed. James denied wrongdoing and said the investigations were retaliation for suing Trump’s family business.
In January, U.S. District Judge Lorna Schofield ruled that DOJ efforts to keep Sarcone as acting U.S. Attorney for the Northern District of New York after his 120-day term expired were improper. Judges had declined to extend his term on July 14, after which DOJ gave him other roles that he said allowed him to act indefinitely.
Circuit Judges Guido Calabresi and Maria Kahn said the move circumvented federal law. Other appeals courts have similarly ruled that Trump-aligned U.S. Attorneys in Nevada and New Jersey were unlawfully appointed.
In dissent, Trump-appointed Judge Michael Park said the executive branch must be able to function during “political stalemate” and noted delays in confirming Trump’s nominees.
James had also faced a mortgage-related indictment in Virginia that was dismissed after a judge found the prosecutor who secured it was unlawfully appointed.
