U.S. Attorney appointment disputes, vacancies law, Senate confirmation and related court rulings. This page is an index: the full evidence, photo credits, videos and source ledger remain attached to the dated canonical record.
August 21, 2026 · Justice Department / U.S. Attorney appointments / Letitia James subpoenas
Second Circuit says John Sarcone was not lawfully serving as acting U.S. attorney when he subpoenaed Letitia James’s office
COURT RECORD — SECOND CIRCUIT HOLDS ACTING U.S. ATTORNEY APPOINTMENT UNLAWFUL; SUBPOENAS REMAIN QUASHED
A divided Second Circuit panel affirmed the order quashing two federal grand-jury subpoenas issued to New York Attorney General Letitia James’s office. The majority held that John Sarcone was not lawfully serving as Acting U.S. Attorney for the Northern District of New York when he obtained the subpoenas because the Federal Vacancies Reform Act’s automatic first-assistant pathway did not cover a first assistant installed only after the vacancy arose. DOJ says it intends to seek Supreme Court review.
COURT RECORD — ACTING U.S. ATTORNEY APPOINTMENT HELD UNLAWFUL
The Ninth Circuit held that Sigal Chattah was not lawfully serving as Nevada’s acting U.S. attorney under the appointment mechanism used and disqualified her from supervising three prosecutions. The Justice Department has now asked the U.S. Supreme Court to overturn that ruling. The petition is a request for review, not a Supreme Court ruling, and the underlying indictments remain intact.
