(NEW YORK) — Subpoenas issued to New York Attorney General Letitia James as part of a civil rights investigation into her fraud case against Donald Trump are invalid because the U.S. attorney in Albany who issued them lacked lawful authority, a federal judge ruled Thursday.
“The subpoenas are unenforceable due to a threshold defect,” U.S. District Judge Lorna Schofield determined, writing that John Sarcone “was not lawfully serving as Acting U.S. Attorney when the subpoenas were issued.”
Sarcone’s appointment bypassed the requirements that govern who can exercise the power of a U.S. attorney, the judge said, similar to the way a judge ruled in November that Lindsey Halligan lacked the authority to bring charges against James and former FBI Director James Comey in Virginia.
Sarcone, like Halligan, was neither Senate confirmed nor appointed by the federal judiciary in the Northern District of New York.
Sarcone issued subpoenas to James as part of an investigation into whether she violated President Trump’s civil rights when she sued him over a decade’s worth of alleged business fraud.
Trump was found liable in 2024 for overstating his net worth, resulting in banks and insurance companies giving him more favorable terms. The half billion-dollar judgment was subsequently thrown out on appeal and is currently before the state’s highest court, though the finding stands.
James argued that Sarcone’s subpoenas were issued as an act of retaliation, but Judge Schofield said she did not need to address that at this stage because her ruling tossed out the subpoenas due to the faulty “workaround” Trump used to try to give Sarcone authority he did not have.
“Since August 2025, courts in New Jersey, Nevada and California have held that similarly installed acting U.S. Attorneys lacked lawful authority,” Schofield said, referencing, among other examples, Trump’s unsuccessful attempt to install his former personal attorney Alina Habba as acting U.S. attorney for New Jersey.
“This decision is an important win for the rule of law and we will continue to defend our office’s successful litigation from this administration’s political attacks,” a spokesman for James said Thursday.
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