Judge rules fifth federal prosecutor unlawfully appointed by Pam Bondi

The top federal prosecutor in upstate New York is serving in the position unlawfully, a federal judge ruled Thursday.

U.S. District Judge Lorna Schofield’s ruling is the latest in a series of judicial decisions against the Trump administration’s effort to sidestep the Senate confirmation process and judicial appointments to install attorneys.

“When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,” Judge Schofield, an Obama appointee, wrote.

Acting U.S. Attorney John Sarcone was appointed by Attorney General Pam Bondi and represents the fifth time that a judge has ruled against one of her appointments.

Judge Schofield tossed subpoenas as invalid that Mr. Sarcone, who serves in the Northern District of New York, issued to state Attorney General Letitia James.

“The State Government moves to quash the subpoenas,” the ruling says. “It argues, among other things, that the subpoenas intrude on New York’s sovereignty and that they were issued in retaliation for the State’s civil cases against President Trump and his political allies.”

The Justice Department tried to use impermissible workarounds to keep Mr. Sarcone in office, Judge Schofield ruled.

After hitting the 120-day term limit for U.S. attorneys whose nominations had not been confirmed by the Senate, district judges in northern New York declined to appoint him to continue. Ms. Bondi then appointed Sarcone as a “special attorney” with an “indefinite” term.

Judge Schofield wrote that “on the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney. Federal law does not permit such a workaround.”

Such rulings have faced resistance in the courts, with two U.S. attorneys leaving their posts.

In early December, New Jersey U.S. Attorney Alina Habba resigned following an appeals court ruling upholding her disqualification. Not long after, Delaware U.S. Attorney Julianne Murray also left, citing the Habba ruling.

“I naively believed that I would be judged on my performance and not politics,” Ms. Murray said in a statement. “Unfortunately, that was not the case,” adding that she could not let her office become a “political football.”