Appeals Court Rules Acting U.S. Attorney Issued Subpoenas Illegally

A federal appeals court has determined that John Sarcone, the acting U.S. attorney for the Northern District of New York, was serving illegally when he issued subpoenas to New York Attorney General Letitia James. The 2-1 ruling by the U.S. Court of Appeals for the 2nd Circuit stated that the subpoenas were invalid as they were issued after Sarcone's eligibility period under the Federal Vacancies Reform Act (FVRA) had expired. The court upheld a previous decision from a lower court judge that ruled Sarcone's temporary appointment had exceeded the 120-day limit set by the FVRA. Judge Guido Calabresi, who authored the majority opinion, stated that Sarcone was not lawfully serving in his role and that his delegation of duties was an unlawful circumvention of the FVRA. The ruling also noted that Sarcone's interim term ended on July 14, 2025, indicating he had held the position illegally for over a year. Consequently, Sarcone's investigations into cases involving Trump and the National Rifle Association cannot proceed. The court criticized the government's interpretation of the FVRA, stating it undermines the statute's purpose.