DOJ Defends Disqualified Prosecutor Probing NY Attorney General

Federal agency appeals judge's ruling that prosecutor's appointment was unlawful.

Published on Mar. 2, 2026

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The US Department of Justice told a federal appeals court that it properly installed John Sarcone as acting US attorney for the Northern District of New York, even though a judge ruled in January that Sarcone's appointment was unlawful. The DOJ is appealing the judge's decision, arguing that Sarcone was legally permitted to take on the role because he was the office's first assistant at the time the top role was vacant.

Why it matters

This case highlights the ongoing tensions between the federal government and state attorneys general, particularly around high-profile investigations. The DOJ's defense of Sarcone's appointment suggests it sees the probe into New York Attorney General Letitia James as an important priority, despite the judge's previous ruling against the legality of Sarcone's role.

The details

A federal judge ruled in January that John Sarcone was unlawfully installed as acting US attorney for the Northern District of New York. However, the DOJ is now appealing that decision, arguing that Sarcone was legally permitted to take on the role because he was the office's first assistant at the time the top role was vacant.

  • The judge's ruling against Sarcone's appointment was issued in January 2026.
  • The DOJ filed its appeal with the US Court of Appeals for the Second Circuit on March 3, 2026.

The players

John Sarcone

The federal prosecutor who was appointed as acting US attorney for the Northern District of New York, despite a judge ruling that his appointment was unlawful.

Letitia James

The New York Attorney General who is the subject of investigations by the DOJ, which appointed Sarcone.

US Department of Justice

The federal agency that is appealing the judge's ruling against Sarcone's appointment, arguing that he was legally permitted to take on the role.

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What’s next

The US Court of Appeals for the Second Circuit will hear the DOJ's appeal and decide whether Sarcone's appointment as acting US attorney was lawful.

The takeaway

This case highlights the ongoing tensions between the federal government and state attorneys general, particularly around high-profile investigations. The DOJ's defense of Sarcone's appointment suggests it sees the probe into New York Attorney General Letitia James as an important priority, despite the judge's previous ruling against the legality of Sarcone's role.