John Sarcone, the Trump administration's hand-picked federal prosecutor in Albany, personally requested subpoenas be served on Attorney General Letitia James' office as part of an investigation into cases she brought against Trump's businesses and the National Rifle Association, documents show.
Sarcone also signed a letter accompanying the subpoenas and is listed as the point of contact for the request, according to documents reviewed by Gothamist. That move is unusual for the head of a U.S. attorney’s office, lawyers familiar with federal prosecutions said.
Lawyers for James' office argue Sarcone’s personal involvement makes the subpoenas invalid because his appointment as interim U.S. attorney had expired three weeks before the subpoenas were sent, according to newly released court filings. Sarcone hasn’t been formally installed as the U.S. attorney but the Trump administration argues he’s legally allowed to execute the duties of the office.
The case challenging the Albany subpoenas is part of a larger clash between Trump’s Department of Justice and critics of the president who have been indicted or investigated. Many of the federal cases have been brought by people without prior prosecutorial experience who previously served as Trump's personal lawyers.
A judge in Virginia heard arguments Thursday about the validity of indictments brought by acting U.S. Attorney Lindsey Halligan against James and former FBI Director James Comey. Lawyers for James and Comey say Halligan wasn't validly appointed and the cases against their clients should be dropped. Halligan’s attorneys said her status was valid.
James pleaded not guilty to charges brought by Halligan related to alleged mortgage fraud. The New York attorney general says the case is politically motivated. Halligan personally presented the case to a grand jury, records show, after Trump said he fired her predecessor for failing to bring cases against James and Comey.
James in 2022 sued Trump and his business for falsely inflating the value of his properties. A judge fined Trump more than $350 million, but the penalty has been set aside as the case is appealed. The NRA case centered on inappropriate spending by executives at the gun rights group.
In Albany, Sarcone’s subpoenas sought records to examine whether James’ cases against the NRA and Trump were examples of selective prosecution. Assistant U.S. Attorney Richard Belliss said in court papers that there was ample evidence to pursue the matter.
“The public records establish that then-candidate James promised to target President Trump and the NRA for adverse legal action, and her statements suggest the possibility that her primary motive was to punish her adversaries for their political views,” Belliss wrote.
Outside lawyers representing James’ office called the subpoenas “a bad faith attempt to harass Mr. Trump’s critics.”
James challenged Sarcone’s subpoena on several grounds, including the basis of his appointment. Sarcone was never nominated for confirmation by the U.S. Senate, the regular route for appointment that Trump has frequently bypassed during his second term.
Sarcone, a former lawyer for Trump’s campaign, was appointed as an interim U.S. attorney by Attorney General Pam Bondi at the end of February – a move that allowed him to serve for 120 days.
When the interim period lapsed in July, judges in the Northern District of New York – which encompasses Albany, Binghamton, Plattsburgh and Syracuse – declined to permanently install Sarcone.
Instead, Bondi named him a special attorney and designated him as the first assistant U.S. attorney in Albany. When there is no U.S. attorney in place, the first assistant U.S. attorney fulfills the duties under the Federal Vacancies Reform Act.
James’s attorneys called that an “end run” around the law.
“Accordingly, because Sarcone has no legitimate authority to serve as acting U.S. attorney, any process sought by him in that capacity, like these two subpoenas, is unauthorized and unlawful,” wrote six lawyers representing James, including Hailyn Chen of Munger, Tolles & Olson LLP.
Belliss said Sarcone had the lawful authority to seek the subpoenas as both acting U.S. attorney and a special attorney.
“The grand jury can issue subpoenas, and AUSAs and special attorneys (like Mr. Sarcone) can conduct grand jury investigations, regardless of the status of the United States Attorney,” Belliss wrote. “In any event, Mr. Sarcone is validly serving as acting United States attorney for the Northern District of New York.”
Written arguments about the subpoenas and Sarcone’s authority unfolded in private over the past several months after the matter was transferred from the Northern District to a judge in Manhattan. U.S. District Court Judge Lorna Schofield unsealed the case on Oct. 31, and the briefs were posted this month.
James’ lawyers requested oral arguments, but none have been scheduled.
In Virginia, Judge Cameron McGowan Currey said Thursday that she plans to rule on Halligan’s status before Thanksgiving, according to CNN.