On August 21, 2026, a federal appeals court panel determined that John Sarcone was 'not lawfully serving' as the top federal prosecutor in upstate New York when he issued a subpoena to the office of New York Attorney General Letitia James last year. The ruling from the 2nd U.S. Circuit Court of Appeals upheld Sarcone's disqualification as the acting U.S. attorney for the Northern District of New York, which was initially decided in January.
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Appeals Court Rules Federal Prosecutor in Albany Was Not Lawfully Serving
A federal appeals court has ruled that John Sarcone was not lawfully serving as the top federal prosecutor in Albany when he subpoenaed New York Attorney General Letitia James's office. This decision upholds a prior ruling that disqualified Sarcone from his position.
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Appeals court affirms top federal prosecutor in Albany ‘not lawfully serving’
Appeals Court Rules Federal Prosecutor in Albany Was Not Lawfully Serving