ALBANY — Letitia James sued to quash the subpoenas, arguing that Sarcone was unlawfully appointed. The government conceded that Sarcone can no longer serve as Acting U.S. Attorney because his tenure has exceeded the 210-day limit. The Justice Department stated it intends to appeal the ruling to the Supreme Court.

Judges Guido Calabresi and Maria Araujo Kahn wrote the majority opinion. Judge Michael Park dissented from the majority opinion. The ruling addresses the legality of Sarcone’s authority during an investigation into the New York Attorney General's office handling of probes into the National Rifle Association and Donald Trump.

"We hold that only the First Assistant in place when a vacancy arises may become the acting officer under [the Vacancies Act]. Sarcone was not," Calabresi wrote. "Text, structure, and history all point the same way." The majority opinion relied on statutory interpretation to determine that Sarcone did not qualify for the acting role.

Calabresi further explained the implications of the government's position. "Under that reading, the President could install virtually anyone as the acting officer simply by naming that person First Assistant, regardless of whether they possessed any of the qualifications Congress required for the Executive to depart from the default. This reasoning formed the core of the majority's rejection of Sarcone's appointment."

Judge Park offered a contrasting view in his dissent. The better reading of the statute is that any first assistant to a vacant office becomes acting officer, subject only to the time limits in § 3346, Park wrote. He criticized the majority for imposing restrictions not found in the text. And the majority’s arguments based on statutory structure are actually policy arguments that overlook Congress’s understanding that the executive branch must function during periods of transition and political stalemate.

A Justice Department spokesperson addressed the ruling in an official statement. We disagree with the court’s decision, and intend to take this case to the Supreme Court," the spokesperson said. The department maintains that Sarcone’s service was lawful under its interpretation of the Vacancies Act."

Sarcone was appointed as interim U.S. attorney for the Northern District of New York on March 17, 2025. He served as interim U.S. attorney for 120 days. Federal judges in the Northern District of New York declined to extend Sarcone's appointment after his 120-day term expired. Attorney General Pam Bondi appointed Sarcone as a special attorney and named him first assistant U.S. attorney.

A U.S. district judge ruled in January that Sarcone was not lawfully serving as Acting U.S. Attorney. The Federal Vacancies Reform Act allows a deputy to a vacant office to serve for 210 days in an acting capacity. Sarcone continues to serve as First Assistant U.S. Attorney. The president has not submitted a nominee to the Senate for the U.S. Attorney position in the Northern District of New York.

Sarcone is a former campaign attorney for Donald Trump. Sarcone has no experience as a prosecutor. As United States Attorney, Sarcone supervises an office of 49 Assistant U.S. Attorneys, 4 Special Assistant U.S. Attorneys, 41 support staff members, and 9 contract support staff members.

Why It Matters

The ruling clarifies the application of the Federal Vacancies Reform Act, which governs how temporary appointments are made in federal offices. By determining that only the First Assistant in place at the time of a vacancy may assume the acting role, the court limited the executive branch's ability to designate successors after a vacancy occurs. This decision affects the validity of actions taken by Sarcone during his tenure, including the subpoenas issued to the New York Attorney General.

The case shows ongoing tensions between the executive branch and judicial oversight regarding appointment powers. With the Justice Department planning to appeal to the Supreme Court, the final resolution remains pending. The absence of a Senate-confirmed nominee for the Northern District of New York leaves the office without a permanent leader, while Sarcone retains his position as First Assistant U.S. Attorney.

Timeline

On March 16, 2023, the Center for Biological Diversity v. U.S. Intl. Dev. Finance Corp case was argued before the Court of Appeals for the D.C. Circuit.

John Sarcone was appointed as interim U.S. attorney for the Northern District of New York on March 17, 2025. In May 2025, John Sarcone launched an investigation into potential deprivation of rights allegations against James in coordination with the FBI. John Sarcone issued subpoenas to James in August 2025.

A U.S. district judge ruled in January 2026 that John Sarcone was not lawfully serving as Acting U.S. Attorney. On April 10, 2026, the New York Times Company v. Kai Spears certified question from the U.S. District Court for the Northern District of Alabama was noted. The U.S. Court of Appeals for the 2nd Circuit ruled on April 25, 2026, that John Sarcone was unlawfully serving as acting U.S. attorney for the Northern District of New York when he subpoenaed New York Attorney General James. Also on April 25, 2026, Judge Calabresi wrote that under the government's reading, the President could install virtually anyone as the acting officer simply by naming that person First Assistant, regardless of whether they possessed any of the qualifications Congress required for the Executive to depart from the default.

What's New

Additional details from the opinion include Judge Park's statement that the better reading of the statute is that any first assistant to a vacant office becomes acting officer, subject only to the time limits in § 3346. The majority opinion also stated that designating a First Assistant after the vacancy is not automatic succession at all; it is a deliberate and discretionary choice made without any of the criteria Congress enacted.

Further context revealed the majority's view that the Government’s reading thus rewards evasion and penalizes compliance—a strange design for a statute Congress enacted to stop the Executive from skirting the Vacancies Act. Judge Park countered that the majority’s arguments based on statutory structure are actually policy arguments that overlook Congress’s understanding that the executive branch must function during periods of transition and political stalemate. The government conceded that John Sarcone can no longer serve as Acting U.S. Attorney because his tenure has exceeded the 210-day limit. A Justice Department spokesperson stated, "We disagree with the court’s decision, and intend to take this case to the Supreme Court." It was also reported that John Sarcone continues to serve as First Assistant U.S. Attorney.

How Sources Differ

Regarding John Sarcone's role, the Department of Justice appointment record states that Attorney General Pam Bondi appointed John Sarcone as a special attorney and named him first assistant U.S. attorney. In contrast, a DOJ press release regarding Sarcone's appointment describes him as supervising an office of 49 Assistant U.S. Attorneys, 4 Special Assistant U.S. Attorneys, 41 support staff members, and 9 contract support staff members in the capacity of United States Attorney.

On the specific title held, the Department of Justice personnel record indicates that John Sarcone continues to serve as First Assistant U.S. Attorney. The DOJ press release regarding Sarcone's appointment refers to him as United States Attorney while listing the staff he supervises, creating a discrepancy in how his current official title is described across documents.