Prosecutor who subpoenaed Letitia James could be disqualified, judge suggests
Source: Politico
ALBANY, New York A federal judge suggested Thursday that she may disqualify a Trump loyalist as the top federal prosecutor in the Albany region, a move that would extend a string of losses in the Trump administrations gambit to circumvent the Senate confirmation process to install U.S. attorneys.
During oral arguments, U.S. District Judge Lorna Schofield, appointed by President Barack Obama, appeared poised not only to toss the prosecutor, John Sarcone III, from the top job, but also from other posts that might allow him to serve in the same capacity.
The only remedy, if one found an improper appointment, that would cure that would be disqualifying him, Schofield said. If I were to find that he was not properly acting as a U.S. attorney, leaving him as first assistant and the office vacant wouldnt accomplish much.
The legal fight stems from an effort by New York Attorney General Letitia James to quash a pair of subpoenas Sarcones office issued earlier this year, related to civil cases she brought against Trump and the National Rifle Association. James argued the subpoenas are invalid because Sarcone wasnt legally appointed.
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