In Re Grand Jury Subpoenas to the Office of the New York State Attorney General v. United States

The then acting U.S. Attorney for the Northern District of New York, John Sarcone III, caused two subpoenas to be issued to the NY Office of Attorney General, which the Court quashed on the basis that Mr. Sarcone was not duly acting as U.S. Attorney when the subpoenas were issued. The Government appealed and the appeal was argued May 4, 2026.

In Re Grand Jury Subpoenas to the Office of the New York State Attorney General v. United States

Case Details
  • Case No.: 1:25-mc-00019
  • Case Filed: August 01, 2026
  • Jurisdiction: N.D.N.Y.
  • Judge: Schofield, Lorna G.
  • US Attorney: Sarcone, John
  • Defendant(s): United States
  • Defense Attorney: Belliss, Richard
Key Topics in the Case

Case Analysis

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Case Files

Case Appeals

Final - Date Filed 01/23/26 - 2nd Circuit Court of Appeals

See the Analysis section for appeal analysis.

Appeal Details
  • Case Number: 26-156
  • Date Filed: 01/23/2026
  • Filing Party: Government
  • Jurisdiction: 2nd Circuit Court of Appeals
  • Type: Final
  • Status: Decided

Read the Docket

Questions Presented

Whether the district court (Schofield, J., sitting by designation) erred in holding that due to his improper appointment, two grand jury subpoenas issued by the U.S. Attorney John Sarcone and served on the Office of the New York State Attorney General must be quashed and whether the Court likewise erred by disqualifying Mr. Sarcone from further involvement in the underlying criminal investigations.

Result on Appeal

In a 2-1 Opinion, the Court ruled that John Sarcone was not lawfully serving as the top federal prosecutor in the Northern District of New York when he caused two grand jury subpoenas to be issued to the New York State Attorney General and that his appointment by the Trump administration without Congressional approval was unlawful.

Appeal Files

  • 08/21/26 - ECF: 97 - Opinion - Dissenting Opinion

    Dissenting Opinion

  • 04/06/26 - ECF: 43 - Brief - BRIEF FOR PETITIONER-APPELLEE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL

    BRIEF FOR PETITIONER-APPELLEE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL

  • 04/08/26 - ECF: 61 - Brief - Amicus Brief Society for the Rule of Law in Support of Appellee

    Amicus Brief Society for the Rule of Law in Support of Appellee

  • 04/10/26 - ECF: 74 - Brief - Amicus Brief for States of California, Arizona, Colorado.....on behalf of Appellees

    Amicus Brief for States of California, Arizona, Colorado.....on behalf of Appellees

  • 03/02/26 - ECF: 31 - Brief - BRIEF FOR RESPONDENT-APPELLANT

    BRIEF FOR RESPONDENT-APPELLANT

  • 04/17/26 - ECF: 86 - Brief - REPLY BRIEF, on behalf of Appellant United States of America,

    REPLY BRIEF, on behalf of Appellant United States of America,

  • 04/08/26 - ECF: 60 - Brief - BRIEF FOR AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS IN SUPPORT OF APPELLEE

    BRIEF FOR AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS IN SUPPORT OF APPELLEE

  • 08/21/26 - ECF: 96 - Opinion - Opinion Affirming District Court Order Quashing Grand Jury Subpoenas and Disqualifying John Sarcone

    Opinion Affirming District Court Order Quashing Grand Jury Subpoenas and Disqualifying John Sarcone

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