In re Grand Jury Subpoenas to the Office of the N.Y. State Att’y Gen.
Brief Details
- Case No.: 26-156
- Brief Filed: April 06, 2026
- Jurisdiction: 2nd Circuit Court of Appeals
Key Topics in the Brief
Briefs
New York State Attorney General Letitia James has been the subject of years of public attacks by President Donald Trump, based both on her speech while campaigning for the office of New York’s Attorney General, and on the civil investigations and lawsuits that the State of New York brought against the President and his family business while she was serving in that role. The President has repeatedly called for her investigation and prosecution. After his supposed appointment as the acting U.S. Attorney for the Northern District of New York in July 2025, John Sarcone wasted little time before he followed through on the President’s directive. On August 5, 2025, he personally issued two grand jury subpoenas to New York in matters directly related to Ms. James’s actions as Attorney General. But those subpoenas suffered an identical and fatal defect: the order appointing Mr. Sarcone was unlawful. As the State of New York explains in its brief, Mr. Sarcone was not eligible to serve as the temporary U.S. Attorney either under the Federal Vacancies Reform Act or by means of authority delegated from the Attorney General.
Author(s)
Joel B. Rudin, NACDL Amicus Committee, New York, NY; James I. Pearce, Samantha P. Bateman, and Mary L. Dohrmann, Washington Litigation Group, Washington, DC; Stephen N. Preziosi, Amicus Committee, N.Y. State Association of Criminal Defense Lawyers, New York, NY
