Appeals court blocks DOJ subpoenas targeting New York Attorney General Letitia James
Court finds prosecutor’s appointment unlawful as DOJ signals Supreme Court appeal.
A federal appeals court has ruled that the Justice Department cannot enforce subpoenas targeting New York Attorney General Letitia James, finding that the prosecutor leading the investigation was unlawfully appointed. The decision is the latest setback for the Trump administration’s efforts to pursue investigations involving James and other political opponents.
The 2nd U.S. Circuit Court of Appeals ruled 2-1 Friday that federal prosecutors could not enforce subpoenas issued by John Sarcone. The subpoenas, issued in August 2025, sought records connected to civil lawsuits James brought against President Donald Trump, his family business and the National Rifle Association. Those cases resulted in findings against Trump and the NRA, both of whom argued they had been politically targeted.
James, a long-known political enemy of Trump as well as former FBI head James Comey, has been in the crosshairs of the Administration for years. Prior indictments against both had been dismissed, leading to the resignation of former Trump lawyer Lindsey Halligan, who at the time served as the US Attorney for the Eastern District of Virginia.
As reported by NBC News, the appeals court upheld a lower-court ruling that Sarcone was improperly serving as the lead prosecutor after his temporary appointment expired. Judges Guido Calabresi and Maria Kahn said subsequent Justice Department efforts to keep Sarcone in the role circumvented federal law governing temporary U.S. attorney appointments.
The ruling represents another judicial challenge to the Administration’s handling of temporary federal prosecutors. Other federal appeals courts have reached similar conclusions involving Trump-aligned prosecutors in Nevada and New Jersey.
The Justice Department said it disagreed with the ruling and plans to take the matter to the Supreme Court. A dissenting judge, Michael Park, argued that the executive branch needs flexibility when the Senate confirmation process faces political deadlock.
No criminal charges have been filed against James in connection with the subpoena investigation. She has denied wrongdoing and said the investigation is retaliation for her legal actions against Trump.