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.
13 Articles
13 Articles
Appellate judges seem skeptical of Trump administration’s appointments of some top prosecutors - The Boston Globe
Under President Trump, the Justice Department has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers that courts have later ruled to be improper.
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.
Appeals court judges appear skeptical Sarcone was lawfully appointed top federal prosecutor in Upstate NY
A panel of federal appeals court judges appeared skeptical Monday of the maneuvers used by President Donald Trump’s administration to appoint the top federal prosecutor for much of Upstate New York, according to reports.The three judges from the U.S. Court of Appeals for the Second Circuit posed questions for nearly an hour about the way John Sarcone III was installed last year as acting U.S. attorney for the Northern District of New York.
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