By Trendsetter Tribune 
In a high-stakes legal drama unfolding in Manhattan and Albany, John A. Sarcone III continues to hold himself out as the “Acting United States Attorney” for the Northern District of New York (NDNY), despite a blistering judicial ruling that his appointment is illegal.
The situation mirrors a growing pattern of “appointment maneuvers” within the Justice Department that have led to a string of dismissals and rebukes from federal judges across the country.
The Core Conflict: Maurene Comey vs. The DOJ
Maurene Comey, daughter of former FBI Director James Comey, is suing the Trump administration for what she calls an “illegal termination.” A veteran prosecutor who handled the Ghislaine Maxwell and Sean “Diddy” Combs cases, Comey was fired in July 2025—one day after being asked to lead a major public corruption probe.
Because the Southern District of New York (SDNY) recused itself, Sarcone took the lead in defending the DOJ. On Monday, February 2, 2026, he filed a memorandum asking Judge Jesse Furman to toss Comey’s lawsuit, citing a lack of jurisdiction. Notably, the filing still listed his title as “Acting United States Attorney.”
Why Sarcone’s Title is Contested:
- The 120-Day Limit: Federal law (28 U.S.C. § 546) limits interim U.S. Attorney appointments to 120 days. When Sarcone’s term expired, NDNY judges refused to extend his tenure.+1
- The “Workaround”: To keep him in power, Attorney General Pam Bondi appointed him as a “Special Attorney” and “First Assistant U.S. Attorney,” claiming these titles allowed him to continue as Acting U.S. Attorney.
- Judge Schofield’s Ruling: On January 8, 2026, Senior U.S. District Judge Lorna Schofield ruled this maneuver unconstitutional. She quashed subpoenas Sarcone had issued to NY AG Letitia James, stating he “is not lawfully serving” and was “skirting restraints put in place by Congress.”+1
A “Charade” of Authority?
The DOJ’s decision to ignore Judge Schofield’s ruling while it appeals has drawn comparisons to the recent “masquerade” in Virginia.
| Feature | The New York Case (Sarcone) | The Virginia Case (Halligan) |
| Status | Subpoenas quashed; ruled “unlawful” Jan 8. | Indictments dismissed; ruled “unlawful” Nov 2025. |
| Current Action | Still using title in Maurene Comey filings. | Forced to step aside on Jan 20, 2026. |
| Judicial Rebuke | “Acts taken in that capacity are void.” | Judge Novak called it a “charade.” |
In the Eastern District of Virginia, Lindsey Halligan was ultimately forced to resign after Judge David Novak warned that continued use of the title in defiance of a court order would be considered a “false statement” and lead to disciplinary action.
What’s Next for the DOJ?
The Justice Department is currently seeking a stay of Judge Schofield’s order to revive the subpoenas against Letitia James. Meanwhile, Judge Furman has yet to rule on Sarcone’s motion to dismiss Maurene Comey’s lawsuit.
If Furman follows the precedent set by Schofield and Novak, he could not only reject the DOJ’s motion but also strike Sarcone’s name from the record, potentially leaving the government without a “lawful” lead prosecutor in one of its most high-profile personnel cases.