Obama-appointed Judge Lorna Schofield disqualified a U.S. attorney overseeing the case against New York Attorney General Letitia James. Subpoenas against James were also tossed out.
According to the judge, acting U.S. Attorney John Sarcone was unlawfully serving in his position at the time he issued the subpoenas.
The judge wrote that “on the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney. Federal law does not permit such a workaround.”
Schofield referred to instances in New Jersey, Nevada, and California for her decision, writing that “similarly installed Acting U.S. Attorneys lacked lawful authority.”
“When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,” the judge added. “Subpoenas issued under that authority are invalid. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations.”
“If the Federal Government chooses to reissue substantially similar subpoenas through a lawfully authorized official, the State Government may renew its motion to quash on grounds not addressed in this decision,” Schofield noted.
Similarly, a federal appeals court found former acting U.S. Attorney for New Jersey, Alina Habba, to be disqualified from her role in December.
“Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the [Federal Vacancies Reform Act],” the court ruled. “Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney.”
