A disqualified federal prosecutor working in Donald Trump’s Justice Department got bad news on Wednesday, as a federal judge refused to block a ruling that stops him from pursuing an investigation into New York Attorney General Letitia James.
“Another defeat for another unconstitutionally appointed Trump DOJ prosecutor: Ex-Trump campaign lawyer John Sarcone will remain disqualified as U.S. Attorney for Albany, and his subpoenas to Letitia James’ office will stay quashed,” reported All Rise News’ Adam Klasfeld on X. “He’s not likely to succeed on appeal, a judge finds.”
In the ruling, U.S. District Judge Lorna G. Schofield concluded, “The Federal Government has not demonstrated a strong likelihood of success on the merits or ‘serious legal questions’ coupled with a balance of hardships tipping decidedly in its favor. Any harm from the investigation-specific disqualification is abstract at best, whereas granting a stay would reinstate an official who acted without lawful authority — a clear injury to the State Government. The public interest likewise favors ensuring that governmental power is exercised only by officials with lawful authority. Each factor, and all four taken together, weigh against granting a stay.”
Sarcone, who was heading up a U.S. attorney’s office that covers most of Upstate New York, had been investigating the legitimacy of James’ lawsuits against President Donald Trump and the National Rifle Association.
However, his appointment was ruled unlawful because he was not seated in that role using the proper procedure — an issue that has also gotten several other Trump-backed prosecutors disqualified, including Bill Essayli in California, Sigal Chattah in Nevada, Alina Habba in New Jersey, and Lindsey Halligan in Virginia.
Halligan had herself been prosecuting James, under a thinly-supported allegation that she had committed mortgage fraud by mislabeling the use of one of her properties to a credit union. Experts widely regarded this prosecution as politically motivated, as Trump has long been furious at James for launching a series of investigations into his finances.
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