Judge rules Trump-appointed US Attorney John Sarcone lacked lawful authority to serve
NEW YORK CITY, NEW YORK: A federal judge on Friday, January 9, again blocked actions taken by Trump-appointed US Attorney John Sarcone, ruling that he was unlawfully serving in his role and therefore lacked the authority to obtain tax records for a criminal investigation.
US District Judge Lorna Schofield denied Sarcone’s request to compel the Internal Revenue Service to disclose tax return information, marking the second ruling in two days limiting his powers.
The decision came one day after Schofield disqualified Sarcone from overseeing a separate, high-profile investigation, further calling into question the legality of his appointment.
Court says John Sarcone lacks lawful authority to act
In her written opinion, Schofield concluded that Sarcone was not properly installed as acting US attorney for the Northern District of New York and therefore had no legal standing to authorize the request for tax records.
“The Application is denied because Mr Sarcone was not lawfully serving as Acting United States Attorney and therefore lacked authority to authorize the Application,” Schofield wrote.
She found that federal law governing access to tax return information required approval from a duly authorized prosecutor, a standard Sarcone did not meet.
As a result, the court ruled that there was “no basis” to permit the disclosure of confidential IRS records connected to the investigation.
Subpoenas tied to Letitia James already quashed
Friday’s ruling followed a decision issued Thursday, in which Schofield barred Sarcone from acting as US attorney altogether.
In that case, she quashed subpoenas Sarcone had issued in connection with an investigation targeting New York Attorney General Letitia James.
By determining that Sarcone was unlawfully serving, the court effectively halted the investigations he initiated, raising questions about the validity of any subpoenas or legal actions taken under his direction. Legal experts noted that cases tied to his office could now face dismissal or delay.
Judges nationwide question similar appointments
Schofield’s rulings aligned with a broader pattern of judicial skepticism toward several Trump-era prosecutorial appointments that bypassed traditional confirmation processes.
Last month, the Third US Circuit Court of Appeals upheld a lower court decision disqualifying Alina Habba from serving as US attorney in New Jersey.
In November 2025, a federal judge in Virginia dismissed criminal cases involving James Comey and Letitia James after concluding that prosecutor Lindsey Halligan had also been unlawfully appointed.
Those cases, like Sarcone’s, centered on whether the executive branch followed statutory requirements when installing interim prosecutors.
Tax investigation involving unnamed LLC now stalled
The specific investigation at issue in Friday’s ruling remained largely undisclosed. Court filings indicated that Sarcone sought IRS records related to a limited liability company, arguing that there was “reasonable cause” to believe criminal conduct had occurred.
The application, filed in October, asserted that the tax information was relevant to the alleged crimes and could not be obtained through other means.
With the court now finding Sarcone lacked authority to make the request, the probe into the unnamed LLC appeared to be on hold pending further legal action or a properly authorized prosecutor.
