Appeals court upholds Letitia James subpoena block as DOJ vows to appeal to Supreme Court

A federal appeals court upheld a lower court ruling on Friday quashing Justice Department subpoenas seeking records from New York Attorney General Letitia James’s office, prompting the department to say it will take the fight to the Supreme Court. “We disagree with the court’s decision, and intend to take this case to the Supreme Court,” […]

A federal appeals court upheld a lower court ruling on Friday quashing Justice Department subpoenas seeking records from New York Attorney General Letitia James’s office, prompting the department to say it will take the fight to the Supreme Court.

“We disagree with the court’s decision, and intend to take this case to the Supreme Court,” the DOJ’s Rapid Response X account said Friday after the 2-1 ruling by the U.S. Court of Appeals for the 2nd Circuit. The ruling upheld the January district court decision that first quashed the subpoenas.

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New York Attorney General Letitia James speaks during a press conference, Monday, Dec. 15, 2025, in New York. (AP Photo/Yuki Iwamura)

” data-large-file=”https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.webp” src=”https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.webp” alt=”New York Attorney General Letitia James speaks during a press conference.” class=”wp-image-4357090″ srcset=”https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.jpg 1024w, https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.jpg?resize=300,201 300w, https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.jpg?resize=768,514 768w, https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.jpg?resize=150,100 150w, https://conservativemodern.com/wp-content/uploads/2026/08/appeals-court-upholds-letitia-james-subpoena-block-as-doj-vows-to-appeal-to-supreme-court.jpg?resize=696,466 696w” sizes=”(max-width: 1024px) 100vw, 1024px”>

The court found John A. Sarcone III was “not lawfully serving as Acting U.S. Attorney” for the Northern District of New York when he secured grand jury subpoenas tied to James’s civil cases against Trump and the National Rifle Association. The panel also affirmed Sarcone’s disqualification from further involvement in the related criminal investigations.

Sarcone, Trump’s pick to lead the Albany-based office, had been the interim U.S. attorney after the prior Senate-confirmed officeholder left. His 120-day term expired on July 14, 2025, and federal judges in the district declined to appoint a successor.

The DOJ then named Sarcone first assistant U.S. attorney and a special attorney, maintaining he could continue acting as the district’s top federal prosecutor.

John Sarcone, acting U.S. attorney for northern New York, speaks at a news conference after an immigration raid in Albany, NY, Sept. 9, 2025. (AP Photo/Michael Hill)

The appeals court majority rejected that approach under the Federal Vacancies Reform Act, which establishes who may temporarily fill Senate-confirmed offices. It held that only a first assistant already in the job when the vacancy occurs may automatically assume the acting role. Sarcone was named first assistant after the office became vacant.

The panel also rejected the department’s argument that former Attorney General Pam Bondi’s broad delegation of the office’s duties independently authorized Sarcone to obtain the subpoenas. The delegation “functionally made him the acting officer in all but name,” Circuit Judge Guido Calabresi wrote for the majority, calling it an unlawful effort to circumvent the vacancies law.

The subpoenas, served Aug. 5 last year, sought documents and communications relating to James’s civil enforcement cases against Trump and the NRA. The DOJ had opened a criminal civil rights investigation into those cases, and no charges have been filed.

Trump and the NRA have said James targeted them for political reasons. James has denied wrongdoing and argued the investigation was retaliation for her lawsuits.

Although the grand jury has been discharged, making the particular subpoenas unenforceable, the court said the appeal was not moot because the appointment question could recur and Sarcone’s disqualification remains in effect.

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In dissent, Judge Michael Park, an appointee of Trump, said the administration’s interpretation permitted the executive branch to continue functioning during a “political stalemate” in Senate confirmation.

Senate Minority Leader Chuck Schumer (D-NY) previously invoked the Senate’s blue-slip tradition to block Trump’s nominees for U.S. attorney posts in Manhattan and Brooklyn, saying he feared Trump intended to use those offices against perceived enemies.

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