Judge rules a fifth US attorney appointed by Bondi is serving unlawfully

08 January

President Donald Trump with U.S. Attorney General Pam Bondi at the U.S. Department of Justice in Washington, D.C. on March 14, 2025 (Official White House Photo by Joyce N. Boghosian/Flickr)

Donald Trump's efforts to sidestep Congress with his legal appointees suffered another major setback in court Thursday, as according to a Politico report, the president's "loyalist top prosecutor in upstate New York" was disqualified by a judge and deemed to have "no lawful authority."

US District Judge Lorna Schofield, appointed to the US District Court for the Southern District of New York in 2012 by former President Barack Obama, issued a 24-page opinion ruling that John Scarone III had been unlawfully serving as the US Attorney for the Northern District of New York. Scarone is one of the numerous federal prosecutors that Trump has attempted to install without congressional approval, utilizing what Politico characterized as "unusual tactics."

NBC News notes it's "the fifth time that a judge has ruled that a top prosecutor appointed by Attorney General Pam Bondi was serving in the position unlawfully."

“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,” Schofield wrote. “It acts without lawful authority.”

Sarcone's appointment came under scrutiny after the administration attempted to keep him in his position after he had initially been installed only as a temporary U.S. Attorney, with Attorney General Pam Bondi appointing him as a "special attorney" with no set term limit after district judges in northern New York opted not to let him continue in the position. He was also under scrutiny for his seeming lack of any "apparent prosecutorial experience," according to Politico, despite his appointment to a major prosecutorial role.

Schofield had made multiple failed efforts to run for political office as a Republican prior to his appointment by Trump. He also generated headlines after listing a home address on a police affidavit that directed to a boarded-up building.

While Schofield's ruling does not mean that Sarcone has been removed from his current role, it does open up the possibility of that in the near future. He is, however, barred from continuing to take part in one of the administration's various investigations against New York State Attorney General Letitia James, and several of his subpoenas against her have been dismissed. Trump has singled out James for prosecution as part of his broader campaign to seek legal retribution against his perceived enemies. James led the successful civil suit against the Trump Organization on allegations of financial fraud.

"This decision is an important win for the rule of law and we will continue to defend our office’s successful litigation from this administration’s political attacks," a spokesperson for James told the New York Times.

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