A federal appeals court on Friday ruled that President Trump did not have the authority to appoint Acting US Attorney for the Northern District of New York, John Sarcone.
A three-judge panel in the Second Circuit Court of Appeals, in a 2-1 vote, said John Sarcone was unlawfully appointed when he subpoenaed New York Attorney General Letitia James.
The three-judge panel included: Judge Guido Calabresi (Clinton), Judge Michael Park (Trump), and Judge Maria Kahn (Biden).
Earlier this year, a federal judge disqualified the Trump-appointed US Attorney for the Northern District of New York overseeing investigations into New York Attorney General Letitia James.
US District Judge Lorna Schofield, an Obama appointee, disqualified acting US Attorney John Sarcone and quashed two subpoenas issued to Letitia James.
John Sarcone was investigating Letitia James’s lawfare civil suit against President Trump and her lawsuit against the National Rifle Association (NRA).
Letitia James asked the judge to quash two subpoenas, arguing that Sarcone was unlawfully appointed and given a “special attorney” status.