Judge Blocks Subpoenas by Acting US Attorney Deemed Unlawful

Ruling upholds earlier decision disqualifying John Sarcone III from serving as acting federal prosecutor in New York

Mar. 12, 2026 at 6:05pm

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A federal judge has denied the U.S. Department of Justice's request to pause a ruling that disqualified acting federal prosecutor John Sarcone III and blocked his subpoenas against New York Attorney General Letitia James. The judge ruled that Sarcone had no legal authority to serve as acting U.S. attorney for the Northern District of New York, as federal law requires the U.S. Senate to confirm U.S. attorneys, and the DOJ had bypassed this process.

Why it matters

This case highlights the importance of adhering to proper legal procedures for appointing federal prosecutors, as well as the ability of the courts to check the power of the executive branch when it oversteps its authority. The ruling also has implications for ongoing investigations into alleged financial fraud by former President Donald Trump and alleged charity law violations by the National Rifle Association.

The details

U.S. District Judge Lorna Schofield ruled that the DOJ's use of a series of reappointments and title changes to bypass the Senate confirmation process for Sarcone violated the Federal Vacancies Reform Act. The judge also blocked Sarcone's subpoenas against James, which were related to the investigations into Trump and the NRA, ruling that complying with subpoenas from an 'unlawful' authority would be 'unreasonable and oppressive.'

  • In January 2026, Judge Schofield blocked Sarcone's subpoenas against New York Attorney General Letitia James.
  • On March 12, 2026, Judge Schofield denied the DOJ's request to pause her ruling disqualifying Sarcone and blocking his subpoenas.

The players

John Sarcone III

The acting federal prosecutor for the Northern District of New York whose appointment and subpoenas were deemed unlawful by the judge.

Letitia James

The New York Attorney General whose office was targeted by Sarcone's subpoenas related to investigations into former President Donald Trump and the National Rifle Association.

Lorna Schofield

The U.S. District Judge who ruled that Sarcone had no legal authority to serve as acting U.S. attorney and blocked his subpoenas against the New York Attorney General's office.

Donald Kinsella

The federal prosecutor who was appointed to permanently fill Sarcone's temporary role, but was then fired by the DOJ within hours.

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What they’re saying

“Any harm from the investigation-specific disqualification is abstract at best, whereas granting a stay would reinstate an official who acted without lawful authority—a clear injury to the state government.”

— Judge Lorna Schofield

What’s next

The U.S. Department of Justice is expected to appeal Judge Schofield's ruling to a higher court.

The takeaway

This case underscores the importance of following proper legal procedures for appointing federal prosecutors, as well as the ability of the courts to check executive branch overreach. It also highlights the ongoing tensions between the federal government and state attorneys general over high-profile investigations.