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Appellate judges seem skeptical of Trump administration’s appointments of some top prosecutors

Judges questioned whether the Justice Department used overlapping appointments to keep John Sarcone in the post without Senate confirmation.

  • A federal appeals court panel expressed skepticism on Monday regarding the legitimacy of President Donald Trump's administration appointing top federal prosecutors for extended periods without U.S. Senate approval.
  • To avoid Senate confirmation, the Justice Department has utilized personnel maneuvers that courts have repeatedly ruled improper under Trump, often by designating unconfirmed prosecutors as 'first assistant' attorneys.
  • District Judge Lorna G. Schofield disqualified John Sarcone from requesting subpoenas in a probe of New York Attorney General Letitia James in Northern New York, yet Sarcone remains in his position despite the court finding his appointment unlawful.
  • Circuit Judge Maria Araújo Kahn expressed concern these appointments could "basically end running a system that our Founding Fathers put in place for a checks-and-balance system," while Circuit Judge Guido Calabresi noted current limits are "meaningless because you can keep naming the same person."
  • Mirroring other recent cases, the Justice Department's strategy led to the resignation of Alina Habba in New Jersey after an appeals court ruled her service unlawful, while similar legal challenges have caused the dismissal of indictments brought by other acting attorneys in Virginia.
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Appellate judges seem skeptical of Trump administration's appointments of some top prosecutors

A federal appeals court panel is expressing skepticism over the Trump administration indefinitely appointing top federal prosecutors without the nominees going before the U.S.

·United States
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New York Upstate broke the news in New York, United States on Tuesday, May 5, 2026.
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