Sarcone Lacked Power to Issue Subpoenas, NY AG Says, Arguing His Appointment as US Attorney Was Illegitimate

The Third U.S. Circuit Court of Appeals holding, that Alina Habba was unlawfully acting as New Jersey's top federal prosecutor, should apply to the appointment of U.S. Attorney John Sarcone III of the Northern District of New York, say lawyers for state Attorney General Letitia James. Sarcone's appointment is expected to be at the heart of oral arguments scheduled for Thursday morning in Albany, as U.S. District Court Judge Lorna Schofield mulls whether to quash two subpoenas he issued against James' office.