Appeals Court Rules New York U.S. Attorney Appointment Unlawful

A federal appeals court has ruled that a top prosecutor in New York was not lawfully serving in his role, a decision that invalidates subpoenas targeting the state's attorney general and adds to a series of legal setbacks for the Trump administration's method of appointing U.S. attorneys without Senate confirmation. The U.S. Court of Appeals for the 2nd Circuit, in a 2-1 decision issued on August 21, 2026, upheld a lower court's finding that John A. Sarcone III was not the lawful acting U.S. attorney for the Northern District of New York when he obtained subpoenas in August 2025. The subpoenas sought records related to investigations by New York Attorney General Letitia James into the National Rifle Association and former President Donald Trump and his family business. James challenged the subpoenas, arguing that Sarcone lacked the legal authority to issue them. The appeals court agreed, concluding that Sarcone's appointment did not comply with the Federal Vacancies Reform Act. The court's ruling quashes the subpoenas and disqualifies Sarcone from further involvement in those specific investigations.