A panel of federal judges declined Monday to permanently appoint interim U.S. Attorney John Sarcone as the chief prosecutor for the Northern District of New York.
What happens next after the unusual rejection is unclear.
Judges extended terms for U.S. Attorneys in New York during President Donald Trump's first term. And just last month in Western New York, Chief Judge Elizabeth Wolford permanently appointed U.S. Attorney Michael DiGiacomo before his interim appointment expired.
Sarcone took the unconventional approach last month of appealing directly to the judges, hoping to keep his job. His interim appointment by U.S. Attorney General Pam Bondi is set to expire on Tuesday, and experts say he is likely one of the first — if not the first — to fail getting an extension or permanent appointment.
“The Board of Judges of the United States District Court for the Northern District of New York declines to exercise the authority granted pursuant to (U.S. Code) to appoint a United States attorney for the Northern District of New York,” the panel said in a statement released Monday.
The northern district stretches from the Canadian border and includes the cities of Albany, Binghamton, Utica, Syracuse and Plattsburgh. Sarcone’s hopes for a permanent appointment now reside in Washington, and getting formally nominated by President Donald Trump then and confirmed by the Senate.
Sarcone is the latest of several interim U.S. attorneys in New York appointed by the Trump administration to face pushback.
Trump appointed Joseph Nocella, a Long Island district judge, to the temporary post in the Eastern District of New York. But U.S. Sen. Chuck Schumer (D-NY) said he would block Nocella’s nomination in the Senate should Trump try to make Nocella’s role permanent, along with that of Jay Clayton in the Southern District of New York.
The Trump administration has seen the role of U.S. Attorney as another avenue to carry out the president’s politically polarizing priorities. Danielle Sassoon, a conservative who had previously served as the acting U.S. Attorney for the Southern District, resigned instead of carrying out orders from the Department of Justice to drop federal corruption charges against New York City Mayor Eric Adams.
Trump has begun making permanent nominations for U.S. attorneys across the country, including long-time Trump counsel Alina Habba for the U.S. Attorney for the District of New Jersey. She’s been in that position in an acting role since March.
Sarcone previously worked on Trump’s election law team in 2016 and ran for the Republican nomination for New York state attorney general in 2022. The Republican attorney said he was interested in staying in the position and told WNYT on Friday that his appointment was being extended, and he would be sworn in again on Tuesday.
Sarcone, who had previously never worked as a prosecutor, made street crime a focus during his time in the office – and made headlines when he reported becoming a victim himself.
Sarcone said in a previous interview that he wanted to shape the job by working with sheriffs and police chiefs in the district to keep communities more safe.
“These communities have been stripped of a lot of resources,” he said. “The other thing is with the laws that the State Legislature have put in people aren't being held accountable.”
