2nd Circuit Voids Letitia James Subpoenas After 120-Day Limit Sank Sarcone Appointment
Updated
Updated · Democracy Docket · Aug 21
2nd Circuit Voids Letitia James Subpoenas After 120-Day Limit Sank Sarcone Appointment
3 articles · Updated · Democracy Docket · Aug 21
Summary
A 2-1 Second Circuit panel invalidated subpoenas John Sarcone III issued to New York Attorney General Letitia James, holding he was unlawfully serving as acting U.S. attorney when they were sent.
July 14, 2025 marked the end of Sarcone’s lawful interim term under the Federal Vacancies Reform Act, which caps acting service at 120 days, and the court said later delegations unlawfully tried to evade that limit.
The subpoenas sought records tied to James’ civil fraud case against Donald Trump and a separate NRA matter, and the ruling blocks Sarcone’s 2025 investigation from moving forward.
The decision upholds a lower-court ruling, drew a dissent from Trump appointee Michael Park, and adds to a growing line of appellate setbacks for Trump-era prosecutor appointments in Nevada and other states.