DOJ subpoenas targeting Trump foe Letitia James cannot be enforced, appeals court rules

A lower court previously barred John Sarcone from investigating the case against the N.Y. attorney general, finding he was unlawfully serving as the probe’s lead prosecutor.

A U.S. appeals court ruled on Friday that the Justice Department could not enforce subpoenas seeking information about cases pursued by New York Attorney General Letitia James because it had unlawfully installed an ally of President Donald Trump as a top prosecutor.

The case stems from subpoenas that the top federal prosecutor in Albany, Trump ally John Sarcone, issued to James’ office in August 2025 seeking records about civil lawsuits James filed against Trump and his family business and against the National Rifle Association gun rights group.

The Manhattan-based 2nd U.S. Circuit Court of Appeals upheld on Friday in a 2-1 ruling a lower court’s decision to bar Sarcone from investigating the case, finding he was unlawfully serving as the lead prosecutor on the probe.

That marked the third time a U.S. appeals court had rejected the Trump administration’s efforts to circumvent the appointment process for U.S. Attorneys, who serve as the top federal prosecutors in their districts and must be either confirmed by the U.S. Senate or approved by federal judges.

A Justice Department spokesperson said in a statement, “We disagree with the court’s decision, and intend to take this case to the Supreme Court.”