An appeals court voids the DOJ subpoenas aimed at Letitia James
The Second Circuit ruled 2-1 that John Sarcone III was not lawfully serving as acting U.S. attorney for the Northern District of New York when he subpoenaed the New York Attorney General's office for records about its cases against Trump, his business and the NRA, and affirmed the order voiding the subpoenas.
What happened
Sarcone was appointed on an interim basis by then-Attorney General Pam Bondi and sworn in on 17 March 2025; interim appointments expire after 120 days, and a panel of judges declined to appoint him in July 2025. District Judge Lorna Schofield ruled in January 2026 that his service was unlawful and the subpoenas unenforceable; the appeals court affirmed on 21 August 2026. The Justice Department said it intends to appeal directly to the Supreme Court.
Why it matters
A guardrail held, and it held on the appointment rather than the demand — the court found the prosecutor had no lawful authority to obtain the subpoenas at all. That reasoning reaches other demands the same office made while he sat in it, and the department has said it will take the appointment question to the Supreme Court.
Sources
spectrumlocalnews.com, nbcnews.com, cbsnews.com, thehill.com