Oppose DOJ Appeal of Ruling on Unlawful Acting U.S. Attorney Appointment

I am writing to urge you to oppose the Department of Justice's appeal of U.S. District Judge Lorna Schofield's January 8 ruling that found John Sarcone III is unlawfully serving as acting U.S. attorney for the Northern District of New York. This ruling correctly affirms a fundamental constitutional principle: U.S. Attorneys must be nominated by the President and confirmed by the Senate. Judge Schofield determined that none of the limited alternatives provided by federal law for temporarily filling vacancies authorized Sarcone to serve as Acting U.S. Attorney when he issued subpoenas on August 5, 2025. Sarcone was sworn in on an interim basis on March 17 through an unusual procedural move by Attorney General Pam Bondi. These interim appointments expire after 120 days, and other courts have similarly found such appointments unlawful. The consequences of allowing this appeal to succeed extend beyond one appointment. Sarcone used his unlawfully held position to issue subpoenas against New York State Attorney General Letitia James' office, demanding records about civil cases brought against President Donald Trump and the National Rifle Association. When federal prosecutors operate outside legal authority, they can weaponize their power against state officials and undermine legitimate state enforcement actions. The Senate confirmation process exists to ensure accountability and prevent abuse of prosecutorial power. Bypassing this constitutional requirement through procedural maneuvers undermines the separation of powers and removes critical checks on executive authority. Judge Schofield's ruling protects these safeguards. I ask you to publicly oppose the DOJ's appeal and support legislation that would prevent future circumvention of the Senate confirmation process for U.S. Attorney appointments. The rule of law requires that even those charged with enforcing it must operate within legal boundaries. New Yorkers deserve federal prosecutors who hold their positions through lawful means and are accountable to constitutional processes.