Uploaded August 2026 | Updated September 2026, 2 weeks ago
A federal appeals court upheld the rejection of grand jury subpoenas for New York Attorney General Letitia James’ files, underscoring limits on who may issue them.
The Second Circuit found John A. Sarcone III was not lawfully serving as Acting U.S. Attorney under the Federal Vacancies Reform Act. The subpoenas had sought “any and all documents” from James’ investigations tied to Donald Trump, including her fraud case.
Judges concluded Sarcone’s 120-day interim term had lapsed before he became First Assistant U.S. Attorney and ruled delegation could not cure the vacancy. A lower court had already thrown out the subpoenas and barred his involvement; the appeals court affirmed, leaving him disqualified.
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A federal appeals court upheld the rejection of grand jury subpoenas for New York Attorney General Letitia James’ files, underscoring limits on who may issue them.
The Second Circuit found John A. Sarcone III was not lawfully serving as Acting U.S. Attorney under the Federal Vacancies Reform Act. The subpoenas had sought “any and all documents” from James’ investigations tied to Donald Trump, including her fraud case.
Judges concluded Sarcone’s 120-day interim term had lapsed before he became First Assistant U.S. Attorney and ruled delegation could not cure the vacancy. A lower court had already thrown out the subpoenas and barred his involvement; the appeals court affirmed, leaving him disqualified.
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► Click HERE to sign up for Radar Online’s newsletter: radaronline.com/newsletter-signup
► Click HERE to subscribe to Radar Online’s up-to-the-minute breaking news podcasts: redcircle.com/show/88223be6-061a-48fb-aec7-3dfc9420858f
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