Appeals Court Blocks DOJ Subpoenas for Letitia James
The 2nd U.S. Circuit Court of Appeals ruled that the Justice Department cannot enforce subpoenas issued by an unlawfully appointed U.S. Attorney.
The 2nd U.S. Circuit Court of Appeals ruled 2-1 on Friday that the United States Department of Justice cannot enforce grand jury subpoenas issued to New York Attorney General Letitia James' office. The court found that John Sarcone, a Trump ally and interim U.S. Attorney for the Northern District of New York, lacked the legal authority to obtain the subpoenas because his interim appointment had expired in July 2025.
The subpoenas sought records and communications regarding civil lawsuits James filed against President Donald Trump, his family business, and the National Rifle Association as part of a criminal probe into potential civil rights violations. While James' office alleged the subpoenas were retaliatory, the court did not rule on that specific claim, focusing instead on the legality of Sarcone's appointment.
The ruling upheld a previous decision by U.S. District Judge Lorna Schofield, who determined the Justice Department used improper procedural maneuvers to keep Sarcone in power after his 120-day term ended. This marks the third time an appeals court has rejected administration efforts to bypass the Senate confirmation process for U.S. Attorneys. The Justice Department stated it intends to appeal the decision to the Supreme Court.