Judge Rules That a Fifth Federal Prosecutor Appointed by Pam Bondi Is Serving Unlawfully

Legal Ruling Against Acting U.S. Attorney John Sarcone III

U.S. District Judge Lorna Schofield has ruled that acting U.S. Attorney John Sarcone III is serving unlawfully in his position as the top federal prosecutor for the Northern District of New York. This decision, made on January 8, 2026, follows a legal challenge brought by New York Attorney General Letitia James’ office.

Previous Legal Battles

The ruling against Sarcone is part of a broader pattern of litigation initiated by Pam Bondi, who was the Florida Attorney General at the time. Schofield’s decision comes as the fifth time that judges have found prosecutors appointed under Bondi’s tenure to be serving unlawfully. This includes rulings against previous acting U.S. attorneys in states such as New Jersey, Nevada, and California.

Justice Department Workarounds

In her ruling, Judge Schofield highlighted the Justice Department’s attempt to use impermissible work-arounds to circumvent the 120-day limit for U.S. attorneys whose nominations had not been confirmed by the Senate. The judge wrote that “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.”

Impact on Investigations

The implications of this ruling could be significant for ongoing investigations. Judge Schofield noted that “Grand juries are ‘not meant to be the private tool of a prosecutor,’ much less one not lawfully appointed,” and found Sarcone is disqualified from the investigation against President Donald Trump and the National Rifle Association. The subpoenas issued by Sarcone seeking information on these cases were deemed invalid, as he lacked lawful authority.

Reaction and Future Outlook

A spokesperson for New York Attorney General Letitia James commented on the decision: “This is an important win for the rule of law and we will continue to defend our office’s successful litigation from this administration’s political attacks.” The Justice Department has not yet responded to requests for comment, but it is expected that they will appeal the ruling in light of similar cases already ongoing.

The decision highlights the ongoing legal battles surrounding the appointments of federal prosecutors and raises questions about how these positions are managed within the U.S. justice system. It also underscores the importance of adhering to established procedures to ensure fair and lawful prosecution practices.