Prosecutor disqualified from investigating Letitia James, judge rules
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John Sarcone, interim U.S. attorney for the Northern District of New York, in Albany, New York, last year. Photo: Will Waldron/Albany Times Union/Getty Images
A judge on Thursday blocked a Trump-appointed federal prosecutor from overseeing a criminal investigation into New York Attorney Letitia James.
Why it matters: U.S. District Judge Lorna Schofield ruled that Trump loyalist John Sarcone has been unlawfully serving as interim U.S. attorney for the Northern District of N.Y. and disqualified him from James' investigation and another case.
- The decision marks the latest instance in recent months that a judge has ruled that a Trump-appointed prosecutor is serving unlawfully.
Driving the news: Schofield wrote in her ruling that all subpoenas that Sarcone issued are "quashed," since the federal prosecutor overstayed his legal 120 day appointment. Sarcone has served in the role since last March.
- "When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority," the judge said in her decision.
State of play: Bilal Essayli, a federal prosecutor appointed by the administration to serve as acting U.S. attorney for California's central district without Senate approval, was named to the role unlawfully, a judge ruled in October 2025.
- Sigal Chattah, who was named interim U.S. attorney for the district of Nevada, was disqualified in September for serving past her 120-day limit, after the Justice Department shifted her to a different role that allowed her to continue in the position.
- Trump's former personal lawyer, Alina Habba, stepped down as acting U.S. attorney for New Jersey in December, after an appeals court disqualified her for serving unlawfully.
- A judge in December ruled Trump ally Lindsey Halligan was unlawfully appointed to her role as U.S. attorney for the Eastern District of Virginia and dismissed her cases against James and former FBI director James Comey.
- A federal judge on Wednesday gave Halligan seven days to explain why she's identifying herself as the U.S. attorney and why doing so does not constitute "a false or misleading statement."
What they're saying: In Halligan's case, Department of Justice leadership accused federal judges of waging a "campaign of bias and hostility" against her.
- The Justice Department did not immediately respond to Axios' Thursday evening request for comment.
Go deeper: Judge orders Lindsey Halligan to explain why she's using U.S. attorney title
