New York Attorney General Letitia James seeks to block Trump administration’s subpoenas

New York Attorney General Letitia James is challenging the legitimacy of the acting U.S. attorney in Albany as she opposes the Trump administration’s investigation into cases she brought against the president and the National Rifle Association, according to court documents released Friday.

James filed a motion in August to block subpoenas issued by Acting U.S. Attorney John Sarcone for records related to the lawsuits, claiming the Justice Department’s investigation into the cases was retaliation.

She also argued that Sarcone was wrongly appointed to his position and, therefore, did not have the lawful authority to authorize the subpoenas.

The subpoenas seek records related to a major civil case filed by Democrat James against President Donald Trump for alleged fraud in his personal business dealings. Another subpoena seeks records from a lawsuit involving the National Rifle Association and two top executives.

Dozens of court documents relating to the case have been filed under seal in U.S. District Court since August. A Manhattan federal judge late Friday granted James’ request to unseal most of the entries, making them public over the Justice Department’s objection.

Judge Lorna Schofield, however, has not yet ruled on the motion to quash the subpoenas.

“Unsealing this action is not only permitted but obligatory,” she wrote. “A simple fact leads to this conclusion: the information in question is not secret.”

An email seeking comment was sent to Sarcone’s office. A telephone message was not immediately returned Friday evening.

James accused the Trump administration of using the justice system as a “tool of vengeance” against its adversaries. The attorney general has sued Trump and his Republican administration dozens of times over his policies as president and the way he ran his private business empire.

In October, James was indicted in a federal mortgage fraud case that the president pressed the Justice Department to bring. She pleaded not guilty Monday to allegations that she lied on mortgage documents to obtain favorable loan terms when purchasing a home in Norfolk, Virginia, where she has family.

In his motion to quash Sarcone’s subpoenas, James cited anonymous media reports that they were part of a grand jury investigation into allegations that James violated Trump’s civil rights in 2022 when his office sued Trump, then a private businessman.

She argued that Sarcone did not have the authority to issue subpoenas because he was inappropriately appointed by the Trump administration.

In March, U.S. Attorney General Pam Bondi appointed Sarcone as Acting U.S. Attorney for the Northern District of New York. When the 120-day interim term expired, Bondi appointed him as first assistant U.S. attorney for the district, inappropriately extending his role as acting U.S. attorney, according to James.

James’ lawyers in the mortgage fraud case said they intend to challenge the appointment of the prosecutor, Lindsey Halligan, on similar grounds.

The indictment in this case followed the resignation of Erik Siebert as U.S. Attorney for the Eastern District of Virginia. Siebert was replaced by Halligan, a White House aide and former Trump lawyer who had never served as a federal prosecutor before, and presented James’ case to the grand jury herself.