A federal appeals court upheld a lower court ruling on Friday quashing Justice Department subpoenas seeking records from New York Attorney General Letitia James’s office, prompting the department to say it will take the fight to the Supreme Court.“We disagree with the court’s decision, and intend to take this case to the Supreme Court,” the DOJ’s Rapid Response X account said Friday after the 2-1 ruling by the U.S. Court of Appeals for the 2nd Circuit. The ruling upheld the January district court decision that first quashed the subpoenas.The court found John A. Sarcone III was “not lawfully serving as Acting U.S. Attorney” for the Northern District of New York when he secured grand jury subpoenas tied to James’s civil cases against Trump and the National Rifle Association. The panel also affirmed Sarcone’s disqualification from further involvement in the related criminal investigations.
Sarcone, Trump’s pick to lead the Albany-based office, had been the interim U.S. attorney after the prior Senate-confirmed officeholder left. His 120-day term expired on July 14, 2025, and federal judges in the district declined to appoint a successor.The DOJ then named Sarcone first assistant U.S. attorney and a special attorney, maintaining he could continue acting as the district’s top federal prosecutor.John Sarcone, acting U.S. attorney for northern New York, speaks at a news conference after an immigration raid in Albany, NY, Sept. 9, 2025. (AP Photo/Michael Hill)
