Appeals Court Deals New Setback to Trump in Letitia James Showdown

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News (2 / 1) 22.08.2026 02:13 / Frank

How Sarcone lost his power

John A. Sarcone III had been named Interim U.S. Attorney, and after his 120-day interim term ended he was later appointed First Assistant and designated a Special Attorney. The appeals court concluded that because he became First Assistant only after the vacancy arose, he did not meet the Federal Vacancies Reform Act’s criteria to serve as Acting U.S. Attorney when he obtained the subpoenas.

James pushed back — and won on procedure

James’ office argued the subpoenas were retaliatory, overly broad, burdensome and intrusive; the court did not decide the retaliation claim but agreed Sarcone lacked authority. The Second Circuit affirmed the quashing of the subpoenas and the order barring Sarcone from further involvement in these investigations, marking a legal victory for James in her cases related to Trump and the NRA.