Judge rules Trump-appointed US Attorney John Sarcone lacked lawful authority to serve

Judge Lorna Schofield blocked John Sarcone's IRS request, ruling only a lawfully appointed US Attorney could authorize disclosures
UPDATED 10 HOURS AGO
The court invalidated subpoenas tied to New York Attorney General Letitia James, raising doubts about John Sarcone’s broader legal actions (@SarconeforNYSAG/X, Getty Images)
The court invalidated subpoenas tied to New York Attorney General Letitia James, raising doubts about John Sarcone’s broader legal actions (@SarconeforNYSAG/X, Getty Images)

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

federal plaza
Judge Schofield ruled that Sarcone's application for tax records 'failed to satisfy statutory requirements' because he is not lawfully serving as US Attorney (Getty Images)

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

NEW YORK, NEW YORK - MAY 21: New York Attorney General Letitia James points as she speaks during a p
The judge previously quashed subpoenas John Sarcone issued in his investigation of NY Attorney General Letitia James, citing his lack of authority (Getty Images)

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

Alina Habba, who served as lead counsel on the Russia-related lawsuit, was held jointly liable for the penalty alongside the former President (Samuel Corum/Getty Images)
Courts have also disqualified Trump appointees Alina Habba and Lindsey Halligan, ruling they were not confirmed by the Senate or appointed by the judiciary (Samuel Corum/Getty Images)

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

Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, DC on April 23, 2021. Seated from left: Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left: Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. (Photo by Erin Schaff-Pool/Getty Images)
Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, DC, on April 23, 2021 (Erin Schaff-Pool/Getty Images)

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.

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