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A state ethics panel notified complainants last week that it determined John Sarcone engaged in professional misconduct, closing the case without public discipline. Sarcone, who has led the U.S. Attorney’s Office for the Northern District of New York on an unconfirmed basis, previously removed an Albany newspaper from the office press list after negative coverage.
The InterceptA New York state grievance committee has found that John Sarcone committed professional misconduct. The Attorney Grievance Committee for the Appellate Division, Third Department, notified nonprofit groups of its finding against Sarcone last week. The letter from the committee was dated April 1 and was sent via email on May 8.
The committee said the case was now closed after it reached its conclusion at a “recent” meeting. It added that it had taken “appropriate action,” though the precise steps remain undisclosed. There are no records of public discipline in Sarcone’s entry on the state attorney directory.
The committee can take actions short of public discipline, including private letters of reprimand. Campaign for Accountability received a near-identical letter from the grievance committee. The Intercept reported the findings, which fit in a larger pattern of New York shrouding prosecutorial misconduct investigations in secret.
U.S. attorney in Albany. U.S. Attorney’s Office for the Northern District of New York last year.
U.S. Senate. After his temporary appointment to the post expired, judges appointed a veteran prosecutor to fill the post. That replacement was fired within hours.
Sarcone has continued to oversee the office as state Attorney General Letitia James and Justice Department lawyers argue in court over whether he lawfully holds the office. The Freedom of the Press Foundation, Reinvent Albany, and the Demand Progress Education Fund filed a complaint against Sarcone on August 11.
The complaint alleged that Sarcone may have violated at least four of the state’s rules of professional conduct.
The Freedom of the Press Foundation argued that booting the newspaper off the press list was a violation of the First Amendment. Sarcone booted the Albany newspaper off his office’s press list after it reported that he had attempted to claim a boarded-up apartment building in the district as his home to satisfy residency requirements.
““Sarcone is a high-ranking prosecutor who is at the center of national news as we speak and who the New York Grievance Committee found had engaged in professional misconduct after he retaliated against a news outlet.””
““While we’re pleased the New York Attorney Grievance Committee recognized that Mr. Sarcone, who remains First Assistant in the U.S. Attorney’s Office, engaged in professional misconduct, a secret slap on the wrist is insufficient. Mr. Sarcone’s pattern of conduct reflects on his credibility as an officer of the court, so any court in which he appears — along with the public — deserves to know what he was sanctioned for and why.” — Michelle Kuppersmith, executive director of Campaign for Accountability. The Intercept reported that Sarcone remains in charge of the office with the title of first assistant. The grievance committee’s letter to the groups described its finding as private and confidential. The committee did not immediately respond to a request for comment on when the finding was reached, The Intercept reported.”
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