A federal appeals court upheld a lower court ruling on August 21, 2026, that quashed subpoenas issued by the Justice Department seeking records from New York Attorney General Letitia James's office. The DOJ announced its intention to appeal the ruling to the Supreme Court. The U.S. Court of Appeals for the 2nd Circuit ruled 2-1, affirming a January district court decision that first blocked the subpoenas.
The court determined that John A. Sarcone III was not lawfully serving as Acting U.S. Attorney for the Northern District of New York when he obtained grand jury subpoenas related to James's civil cases against former President Donald Trump and the National Rifle Association (NRA). The ruling also confirmed Sarcone's disqualification from further involvement in the related criminal investigations.
Sarcone, who had been appointed as interim U.S. attorney, saw his 120-day term expire on July 14, 2025, without a successor being appointed. The DOJ had named him first assistant U.S. attorney and a special attorney, asserting he could continue to act as the district's top federal prosecutor.
The appeals court majority rejected this approach, citing the Federal Vacancies Reform Act, which specifies who may temporarily fill Senate-confirmed positions. The court concluded that only a first assistant already in the role at the time of the vacancy may assume the acting position.
The subpoenas, served on August 5, 2025, sought documents related to James's civil enforcement cases against Trump and the NRA. Although the grand jury has been discharged, making the subpoenas unenforceable, the court stated that the appeal was not moot due to the potential recurrence of the appointment question and Sarcone's ongoing disqualification.
In dissent, Judge Michael Park argued that the administration's interpretation allowed the executive branch to function during a political stalemate in Senate confirmations. Senate Minority Leader Chuck Schumer previously used the Senate's blue-slip tradition to block Trump's nominees for U.S. attorney positions in Manhattan and Brooklyn, citing concerns that Trump intended to use those offices against perceived adversaries.