A federal judge appointed by former President Barack Obama abruptly shut down probes last week investigating alleged “selective enforcement” in cases Democratic New York Attorney General Letitia James brought against President Donald Trump’s business and the National Rifle Association (NRA).
Judge Lorna Schofield, an Obama appointee, ruled that John Sarcone III, who issued subpoenas to James’ office in August, was unlawfully appointed to his position as acting U.S. Attorney for the Northern District of New York.
“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,” Schofield wrote in her opinion.
“Subpoenas issued under that authority are invalid,” she continued.
“The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations.”
“The U.S. Attorney General initially appointed Mr. Sarcone as Interim U.S. Attorney for 120 days,” Schofield explained.
“When that term expired, this District’s judges declined to use their statutory authority to extend his tenure. Federal law then required the use of other statutory procedures to fill the position. The Department of Justice did not follow those procedures. Instead, 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.”
This latest ruling marks the second consecutive occasion in which an indictment against James was wiped away.
A separate indictment charging James with mortgage fraud was dismissed in November after Lindsey Halligan was disqualified as Interim U.S. Attorney for the Eastern District of Virginia.
“As I have said from the start, the charges against me are baseless,” James said in a statement celebrating the news.
“It is time for this unchecked weaponization of our justice system to stop. I am grateful to the members of the grand jury and humbled by the support I have received from across the country.”
The DOJ failed twice to secure a new grand jury indictment against James. It appealed the ruling disqualifying Halligan in December.
Sarcone is the fifth U.S. attorney to be disqualified. Along with Halligan, judges have found U.S. attorneys in New Jersey, Nevada and California unlawfully appointed.
However, despite the ruling, James is not out of the woods quite yet.
According to Schofield’s ruling, the DOJ can still reissue similar subpoenas “through a lawfully authorized official.”