New York Attorney General Letitia James is taking a fight to the courts in an effort to block federal prosecutors from investigating her, claiming that the appointments are illegitimate.
James has filed a motion with US District Judge Lorna Schofield to quash two subpoenas issued by Acting US Attorney John Sarcone, who was appointed by former US Attorney General Pam Bondi as a "special attorney" in Albany after his initial appointment term expired. The motion argues that Sarcone's appointment is a circumvention of Congress's scheme to ensure the proper appointment and confirmation process for US attorneys.
James' team alleges that Sarcone exercised power he did not lawfully possess by signing the subpoenas, which they claim are oppressive and unreasonable. They have sought to invalidate Sarcone's appointment and his role in the investigation into James.
The hearing on Wednesday was packed with attendees from various sides of the case, including members of the US Attorney's office, local FBI agents, and public defenders. Sarcone was not present and referred a request for comment to the Department of Justice, which did not immediately respond.
Assistant US Attorney Richard Belliss argued that Judge Schofield should only consider the two subpoenas at hand and not make a broader ruling on Sarcone's appointment. He described such an action as "drastic and extreme."
During the hearing, Chen questioned whether Sarcone was properly designated as a special attorney since his initial appointment letter was signed by a human resources employee rather than Bondi herself. The judge did not provide any indication of when she might rule.
This is not James' first brush with controversy over her investigations, including those into former President Donald Trump and the National Rifle Association. Judges have already ruled that other Trump-appointed prosecutors were unlawfully appointed, casting doubt on their legitimacy as investigators.
James has filed a motion with US District Judge Lorna Schofield to quash two subpoenas issued by Acting US Attorney John Sarcone, who was appointed by former US Attorney General Pam Bondi as a "special attorney" in Albany after his initial appointment term expired. The motion argues that Sarcone's appointment is a circumvention of Congress's scheme to ensure the proper appointment and confirmation process for US attorneys.
James' team alleges that Sarcone exercised power he did not lawfully possess by signing the subpoenas, which they claim are oppressive and unreasonable. They have sought to invalidate Sarcone's appointment and his role in the investigation into James.
The hearing on Wednesday was packed with attendees from various sides of the case, including members of the US Attorney's office, local FBI agents, and public defenders. Sarcone was not present and referred a request for comment to the Department of Justice, which did not immediately respond.
Assistant US Attorney Richard Belliss argued that Judge Schofield should only consider the two subpoenas at hand and not make a broader ruling on Sarcone's appointment. He described such an action as "drastic and extreme."
During the hearing, Chen questioned whether Sarcone was properly designated as a special attorney since his initial appointment letter was signed by a human resources employee rather than Bondi herself. The judge did not provide any indication of when she might rule.
This is not James' first brush with controversy over her investigations, including those into former President Donald Trump and the National Rifle Association. Judges have already ruled that other Trump-appointed prosecutors were unlawfully appointed, casting doubt on their legitimacy as investigators.