Federal Appeals Court Panel Questions Trump Administration's Prosecutor Appointments

A panel of the 2nd U.S. Senate confirmation. The hearing focused on a lower court decision that disqualified First Assistant U.S. Attorney John Sarcone from serving as the top prosecutor in the northern district of New York. That ruling determined Sarcone's actions, including issuing subpoenas, were voidable.

U.S. District Judge Lorna G. Schofield in Manhattan issued the February decision in response to a probe involving New York Attorney General Letitia James. Sarcone had been appointed interim U.S. attorney by then-U.S. Attorney General Pam Bondi in March 2025, but his 120-day term expired without Senate confirmation.

Federal law typically requires Senate approval for U.S. attorneys and limits temporary service to specific periods, such as just over 200 days.

For instance, Alina Habba resigned as the top federal prosecutor for New Jersey in December after an appeals court found her service unlawful. Similarly, Lindsey Halligan left her acting U.S. attorney role in Virginia in November following a judge's conclusion that her appointment was invalid, leading to the dismissal of indictments she pursued against Letitia James and former FBI Director James Comey.

During the hearing, Circuit Judge Guido Calabresi noted the statutory limits on temporary service and suggested the court might still allow Sarcone to oversee investigations if appointed differently by superiors. Attorney Henry Whitaker, representing the Justice Department, stated that Congress provided overlapping mechanisms for the executive branch to authorize temporary performance of duties.

He explained that these methods were used to enable Sarcone to issue grand jury subpoenas and supervise investigations.

When he changed his title to first assistant U.S. attorney, district judges attempted to appoint Donald Kinsella to the position in February. Less than a day later, then-Deputy Attorney General Todd Blanche announced Kinsella's firing in a social media post, stating that judges do not select U.S. attorneys.

An attorney representing the New York attorney general's office described the situation as striking, noting no nomination for the northern district U.S. The attorney argued that the actions appeared designed to avoid Senate scrutiny while advancing the investigation.

The panel reserved its decision, leaving the outcome pending.