A federal judge in the United States has delivered a significant blow to a prosecutor installed during the Trump administration, ruling that he was not lawfully serving in his role and subsequently voiding his official actions.
Judge's Dual Rulings Void Prosecutor's Authority
In a pair of rulings on Thursday, 9 January 2026, U.S. District Judge Lorna G. Schofield disqualified prosecutor John Sarcone from overseeing investigations into New York's Democratic Attorney General, Letitia James. Judge Schofield determined that Sarcone was not lawfully serving as the acting U.S. attorney for the Northern District of New York. Consequently, she declared that any of his past or future official acts taken in that capacity are "void or voidable."
This decision directly impacted a separate criminal investigation. In a simultaneous ruling, Judge Schofield denied an application from Sarcone that sought a court order to compel the Internal Revenue Service (IRS) to disclose tax return information for a limited liability company. The judge stated Sarcone lacked the legal authority to authorise such a request because he was not a validly serving U.S. attorney.
A Pattern of Unlawful Appointments
This case is not an isolated incident. John Sarcone is among several prosecutors across the country whom federal judges have found to lack proper authority. These appointments stemmed from unusual manoeuvres by the previous Republican administration to place or retain officials in key posts without the required confirmation from the U.S. Senate.
Legal expert Carl Tobias, a law professor at the University of Richmond, noted that Judge Schofield's decision aligns with a growing judicial trend. "It does seem like more and more courts are coming around to this view," he commented. Precedents have been set in New Jersey, Nevada, and California, where courts have similarly held that acting U.S. attorneys installed under comparable circumstances lacked lawful authority.
Implications and Sealed Details
The specific details of the tax return request remain under seal, so the identity of the individual or entity under investigation is not public. Applications for such sensitive tax information are strictly limited to officials holding specific, lawfully occupied positions, such as confirmed U.S. attorneys.
This ruling underscores ongoing legal and constitutional debates about the proper appointment of federal officials. The case echoes the situation of Trump's former personal attorney, Alina Habba, who resigned as the top federal prosecutor for New Jersey in December following an appeals court ruling that she too had been serving unlawfully.
