BLOOMBERG LAW====The Justice Department told a federal appeals court Monday that it properly installed its federal prosecutor pick in Albany before he obtained subpoenas based on investigations of New York Attorney General Letitia James.
John Sarcone, who a federal judge ruled in January was unlawfully installed, was legally permitted to take on the role of acting US attorney for the Northern District of New York because he was the office’s first assistant at the time the top role was vacant, DOJ officials wrote in the administration’s opening brief in its appeal at the US Court of Appeals for the Second Circuit.
As a backstop, DOJ also delegated authorities to Sarcone to conduct and supervise legal proceedings under the titles of “special attorney” and first assistant, according to DOJ’s brief. MORE AT DOJ Stands by Disqualified Prosecutor Probing James in Appeal
John Sarcone, who a federal judge ruled in January was unlawfully installed, was legally permitted to take on the role of acting US attorney for the Northern District of New York because he was the office’s first assistant at the time the top role was vacant, DOJ officials wrote in the administration’s opening brief in its appeal at the US Court of Appeals for the Second Circuit.
As a backstop, DOJ also delegated authorities to Sarcone to conduct and supervise legal proceedings under the titles of “special attorney” and first assistant, according to DOJ’s brief. MORE AT DOJ Stands by Disqualified Prosecutor Probing James in Appeal
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