Judge Removes Federal Prosecutor from Letitia James Investigation

A federal judge has removed a prosecutor from an investigation led by New York Attorney General Letitia James. This decision was made on Thursday by U.S. District Judge Lorna G. Schofield, who found that the prosecutor, John Sarcone, was unlawfully in his position when he sought subpoenas related to investigations.

Judge’s Ruling on Sarcone

Judge Schofield ruled that the Department of Justice failed to follow proper procedures after judges opted not to extend Sarcone’s term. She stated, “When the Executive branch of government skirts restraints put in place by Congress, it acts without lawful authority.”

As a result, all subpoenas issued by Sarcone were deemed invalid. The judge added that Sarcone could no longer participate in the investigations surrounding Attorney General James.

Background of the Investigation

Attorney General Letitia James, a Democrat, contested Sarcone’s authority following his issuance of subpoenas. These subpoenas sought information about lawsuits she initiated against former President Donald Trump. The lawsuits allege that Trump engaged in fraudulent business practices, as well as actions against the National Rifle Association and some former leaders.

The Justice Department’s Position

• The Justice Department maintains that Sarcone’s appointment was valid.
• They assert the legality of the subpoenas issued for the investigation.

James describes the inquiry into her lawsuits as part of a broader campaign of frivolous investigations targeting Trump’s opponents.

Implications of the Ruling

This ruling is part of a series of legal challenges regarding the appointments of U.S. attorneys under the Trump administration. Courts previously ruled against the administration’s unusual maneuvers to maintain their choices for U.S. attorneys without going through the Senate confirmation process.

• On December 1, a federal appeals court found Alina Habba unlawfully held her position as acting U.S. attorney for New Jersey.
• In November, a federal judge in Virginia dismissed indictments against James and former FBI Director James Comey due to the unlawful appointment of the interim U.S. attorney there.
• Separately, several judges have disqualified acting U.S. attorneys in various states for not adhering to federal law regarding interim service.

Next Steps for Attorney General James

Following the ruling, James’ office expressed satisfaction, calling it “an important win for the rule of law.” The office is prepared to continue defending its legal positions against what they deem political assaults from the current administration.

This ruling not only affects the ongoing investigations but establishes a precedent regarding the authority of federal prosecutors and the appointment processes established by law.