New York Attorney General Letitia James is questioning the legitimacy of the acting U.S. attorney in Albany as she pushes back against the Trump administration’s investigation into cases she brought against the president and the National Rifle Association, according to court documents unsealed Friday.
In August, James filed a motion to block subpoenas issued by acting U.S. Attorney John Sarcone for records related to the legal actions, alleging that the Justice Department’s investigation of the cases was retaliatory.
He also argued that Sarcone had been improperly appointed to his position and, as a result, lacked legitimate authority to authorize the subpoenas.
The subpoenas seek records related to a major civil case that Democrat James filed against President Donald Trump for alleged fraud in his personal businesses. Another subpoena seeks records from a lawsuit involving the National Rifle Association and two top executives.
Dozens of court documents in the case have been filed under seal in U.S. District Court since August. A federal judge in Manhattan on Friday night granted James’ motion to open most of the entries, making them public despite the Justice Department’s objection.
However, Judge Lorna Schofield has not yet ruled on the motion to quash the subpoenas.
“Revealing this action is not only permissible but obligatory,” he wrote. “A simple fact leads to this conclusion: the information in question is not secret.”
An email was sent to Sarcone’s office seeking comment. A phone message was not immediately returned Friday night.
James has accused the Trump administration of using the justice system as a “tool of revenge” against its adversaries. The attorney general has sued Trump and his Republican administration dozens of times over his policies as president and how he ran his private business empire.
In October, James was charged in a federal mortgage fraud case that the president pressured the Justice Department to pursue. He pleaded not guilty Monday to allegations that he lied on mortgage documents to obtain favorable loan terms when purchasing a home in Norfolk, Virginia, where he has family.
In his motion to quash Sarcone’s subpoenas, James cited anonymous media reports that they were part of a grand jury investigation into allegations that James violated Trump’s civil rights in 2022 when his office sued Trump, then a private businessman.
He argued that Sarcone lacked authority to issue the subpoenas because he was improperly appointed by the Trump administration.
U.S. Attorney General Pam Bondi appointed Sarcone as acting U.S. attorney for the Northern District of New York in March. With the expiration of the 120-day acting term, Bondi appointed him as first assistant U.S. attorney for the district, essentially improperly extending his role as acting U.S. attorney, according to James.
James’ lawyers in the mortgage fraud case have said they intend to challenge the appointment of the prosecutor, Lindsey Halligan, on similar grounds.
The indictment in that case followed the resignation of Erik Siebert as U.S. Attorney for the Eastern District of Virginia. Siebert was replaced by Halligan, a White House aide and former Trump lawyer who had never before worked as a federal prosecutor, and she herself presented James’ case to the grand jury.