New York's Attorney General Letitia James is fighting subpoenas from Trump-picked prosecutor John Sarcone, who personally requested them as part of an investigation into cases brought by James against the president's businesses and the National Rifle Association.
Documents show that Sarcone signed a letter accompanying the subpoenas, listing himself as the point of contact for the request. However, lawyers for James argue that this personal involvement makes the subpoenas invalid because Sarcone's appointment as interim U.S. attorney had expired three weeks before they were sent. The Trump administration claims that Sarcone is still legally allowed to execute the duties of the office.
The case is part of a larger clash between the Trump Department of Justice and critics who have been indicted or investigated by Trump's personal lawyers with no prior prosecutorial experience. A judge in Virginia heard arguments Thursday about the validity of indictments brought by acting U.S. Attorney Lindsey Halligan against James and former FBI Director James Comey.
Halligan personally presented a case to a grand jury, which records show was done after Trump said he fired her predecessor for failing to bring cases against James and Comey. The New York attorney general says this is politically motivated.
James had previously sued Trump and his business over falsely inflating the value of his properties, with a judge fining Trump more than $350 million. A separate case centered on inappropriate spending by executives at the gun rights group.
Sarcone's subpoenas sought records to examine whether James' cases against the NRA and Trump were examples of selective prosecution. Assistant U.S. Attorney Richard Belliss argued that there was ample evidence to pursue the matter, citing public statements from James promising to target President Trump and the NRA for adverse legal action as his primary motive.
However, outside lawyers representing James' office called the subpoenas "a bad faith attempt to harass Mr. Trump's critics." They also challenged Sarcone's authority on the basis of his appointment, pointing out that he was never nominated for confirmation by the U.S. Senate.
Sarcone is a former lawyer for Trump's campaign and was appointed as an interim U.S. attorney by Attorney General Pam Bondi at the end of February. When the interim period lapsed in July, judges declined to permanently install Sarcone as the full U.S. attorney, instead designating him as a special attorney and first assistant U.S. attorney.
James' lawyers argued that this was an "end run" around the law, claiming that Sarcone had no legitimate authority to serve as acting U.S. attorney. However, Belliss argued that Sarcone had the lawful authority to seek the subpoenas in both capacities.
Documents show that Sarcone signed a letter accompanying the subpoenas, listing himself as the point of contact for the request. However, lawyers for James argue that this personal involvement makes the subpoenas invalid because Sarcone's appointment as interim U.S. attorney had expired three weeks before they were sent. The Trump administration claims that Sarcone is still legally allowed to execute the duties of the office.
The case is part of a larger clash between the Trump Department of Justice and critics who have been indicted or investigated by Trump's personal lawyers with no prior prosecutorial experience. A judge in Virginia heard arguments Thursday about the validity of indictments brought by acting U.S. Attorney Lindsey Halligan against James and former FBI Director James Comey.
Halligan personally presented a case to a grand jury, which records show was done after Trump said he fired her predecessor for failing to bring cases against James and Comey. The New York attorney general says this is politically motivated.
James had previously sued Trump and his business over falsely inflating the value of his properties, with a judge fining Trump more than $350 million. A separate case centered on inappropriate spending by executives at the gun rights group.
Sarcone's subpoenas sought records to examine whether James' cases against the NRA and Trump were examples of selective prosecution. Assistant U.S. Attorney Richard Belliss argued that there was ample evidence to pursue the matter, citing public statements from James promising to target President Trump and the NRA for adverse legal action as his primary motive.
However, outside lawyers representing James' office called the subpoenas "a bad faith attempt to harass Mr. Trump's critics." They also challenged Sarcone's authority on the basis of his appointment, pointing out that he was never nominated for confirmation by the U.S. Senate.
Sarcone is a former lawyer for Trump's campaign and was appointed as an interim U.S. attorney by Attorney General Pam Bondi at the end of February. When the interim period lapsed in July, judges declined to permanently install Sarcone as the full U.S. attorney, instead designating him as a special attorney and first assistant U.S. attorney.
James' lawyers argued that this was an "end run" around the law, claiming that Sarcone had no legitimate authority to serve as acting U.S. attorney. However, Belliss argued that Sarcone had the lawful authority to seek the subpoenas in both capacities.