The acting U.S. attorney, appointed by President Donald Trump to cover Syracuse and the region, is illegally in the position. U.S. District Judge Lorna Schofield ruled Thursday that John Sarcone has illegally held that office for months.
The court decision found that U.S. Attorney General Pam Bondi was trying to circumvent a 120-day rule for acting U.S. attorneys. She referred to Sarcone as a special assistant attorney, but Schofield ruled that was skirting the law.
The Justice Department told MSNBC in an email that they would defend the administration's right to name U.S. Attorneys.
It’s the fifth illegal finding on one of Bondi’s appointments.
As a result, Sarcone can no longer work on lawsuits against New York Attorney General Letitia James. That included subpoenas against James and her investigations of President Donald Trump.
“Mr. Sarcone’s service was and is unlawful because it bypassed the statutory requirements that govern who may exercise the powers of a U.S. attorney,” Schofield wrote. “The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations.”