Judge disqualifies prosecutor leading probe of New York Attorney General Letitia James

ALBANY — A judge on Thursday disqualified a federal prosecutor in Albany from leading investigations into New York Attorney General Letitia James, ruling that he had been installed in his post unlawfully by the Trump administration.

The decision is the latest blow to the U.S. Department of Justice’s attempt to investigate James’ investigations into the Trump Organization and the National Rifle Association.

On Wednesday, federal Judge Lorna Schofield ruled John Sarcone has been serving illegally as the acting U.S. attorney for the Northern District of New York because the Trump administration twisted procedures by installing him without U.S. Senate confirmation or confirmation by a panel of federal judges.

After Sarcone hit those roadblocks, U.S. Attorney General Pam Bondi appointed Sarcone as "acting" federal attorney for the Northern District and he issued subpoenas to James.

James argued Sarcone had no authority to pursue subpoenas because he wasn’t lawfully installed in his job and Schofield agreed.

"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," Schofield wrote. "Subpoenas issued under that authority are invalid. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations."

At another point in her 24-page decision, Schofield wrote: "Mr. Sarcone is not lawfully serving as Acting U.S. Attorney. Any of his past or future acts taken in that capacity are void or voidable as they would rest on authority Mr. Sarcone does not lawfully have."

The U.S. Attorney’s Office and the Department of Justice didn't immediately comment.

James' office issued a statement, saying: “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."

This wasn't the first time a Trump pick for federal prosecutor — who had political ties but no prosecutorial experience — has been disqualified by the courts as illegally appointed.

In December, a federal court disqualified Alina Habba as New Jersey's top federal prosecutor. Like Sarcone, Habba was appointed on a temporary basis after the U.S. Senate indicated it wouldn't confirm her; later, a panel of federal judges appointed her subordinate to the role when the appointment term expired. Habba subsequently resigned.

In November, a judge dismissed criminal cases in Virginia against James and former FBI Director James Comey, saying the prosecutor who brought the charges had been improperly installed by the Trump administration.

Similar scenarios have played out in California and Nevada.

In New York, Sarcone issued subpoenas related to cases James filed against President Donald Trump over alleged fraud in his personal business dealings and from a lawsuit involving the National Rifle Association and two senior executives.

Prosecutors are also looking at financial transactions between James and her longtime hairdresser, the New York Times reported Thursday, citing people familiar with the matter.

James has said the president's administration is using the justice system as a “tool of revenge” against adversaries.

Though Schofield terminated the subpoenas in New York, she said the Justice Department is free to try to reissue them "without Mr. Sarcone's involvement" and James' office could then "renew its motion to quash."  

Senate Minority Leader Chuck Schumer (D-N.Y.) praised the ruling. “The people of the Northern District of New York deserve a qualified, independent prosecutor, not a political loyalist," Schumer said in a statement. "Today’s ruling is a clear rebuke of Donald Trump’s disregard for the rule of law.”

The Associated Press contributed to this story.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy