By Luc Cohen
NEW YORK, Aug 21 (Reuters) – A U.S. appeals court on Friday ruled that the Justice Department could not enforce subpoenas seeking information about cases pursued by New York Attorney General Letitia James because it had installed an ally of President Donald Trump as a top prosecutor unlawfully.
The case stems from subpoenas that the top federal prosecutor in Albany, Trump ally John Sarcone, issued to James’ office in August 2025 seeking records about civil lawsuits James filed against Trump and his family business and against the National Rifle Association gun rights group.
The Manhattan-based 2nd U.S. Circuit Court of Appeals on Friday in a 2-1 ruling upheld a lower court’s decision to bar Sarcone from investigating the case, finding that he was unlawfully serving as the lead prosecutor on the probe.
That marked the third time a U.S. appeals court had rejected the Trump administration’s efforts to circumvent the appointment process for U.S. Attorneys, who serve as the top federal prosecutors in their districts and must be either confirmed by the U.S. Senate or approved by federal judges.
A Justice Department spokesperson said in a statement, “We disagree with the court’s decision, and intend to take this case to the Supreme Court.”
James’ office did not immediately respond to a request for comment.
CIVIL RIGHTS INVESTIGATION
Both Trump, a Republican, and the NRA were found liable following trials in cases brought by James, a Democrat. They said they were targeted for political purposes.
The subpoenas issued by Sarcone’s office were part of a criminal investigation into potential civil rights violations associated with those cases, Reuters reported at the time. No charges have so far been filed.
James has denied wrongdoing and argued that the investigations are payback for suing Trump’s family business.
In January, Manhattan-based U.S. District Judge Lorna Schofield found that a series of procedural maneuvers the Justice Department used to keep Sarcone in place as acting U.S. Attorney for the Northern District of New York after the federal court in that district declined to extend his 120-day interim appointment were improper.
Other U.S. appeals courts have similarly ruled that Trump-aligned U.S. Attorneys in Nevada and New Jersey had been unlawfully appointed.
(Reporting by Luc Cohen in New York, Additional reporting by Nate Raymond; Editing by Franklin Paul, Alex Richardson, Philippa Fletcher)
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