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Federal Appeals Court Blocks DOJ's Subpoenas for James' Office

The 2nd Circuit said the DOJ cannot use subpoenas from an unlawfully appointed prosecutor in a dispute tied to James’ civil cases against Trump and the NRA.

  • In a 2-1 ruling Friday, the 2nd U.S. Circuit Court of Appeals upheld a lower court's decision to bar interim U.S. attorney John Sarcone from investigating New York Attorney General Letitia James' office for possible misconduct in civil lawsuits against President Trump and the National Rifle Association.
  • District Judge Lorna Schofield previously ruled that Sarcone served unlawfully because he had not been confirmed, while the DOJ has repeatedly attempted to indict James and other Democrats who criticized President Trump.
  • James has been a frequent critic of President Trump, filing lawsuits including a civil fraud trial that resulted in a $454 million judgment against him, which was later overturned by a New York appeals court.
  • The DOJ stated, "We disagree with the court's decision, and intend to take this case to the Supreme Court," while Sarcone continues as first assistant U.S. attorney for the Northern District of New York.
  • These investigations stem from the DOJ's attempts to indict James, who was indicted on bank fraud charges before a federal judge dismissed the case because the prosecutor was deemed unlawfully appointed; federal grand juries have repeatedly refused to levy charges against her.
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Federal appeals court blocks DOJ's subpoenas for James' office

(The Center Square) — A federal appeals court has upheld a ruling blocking the U.S. Department of Justice from subpoenaing records from New York Attorney General Letitia James' office about her investigations.

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WTVB broke the news on Friday, August 21, 2026.
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