Second Circuit Voids Two DOJ Subpoenas Targeting New York Attorney General Records
A divided Second Circuit panel ruled 2-1 that former Interim U.S. Attorney John Sarcone lacked lawful authority to issue grand-jury subpoenas seeking records from the New York Attorney General's office related to cases involving the NRA and Donald Trump. The majority held that the Federal Vacancies Reform Act permits only a First Assistant already serving at the time of a vacancy to assume acting authority, not one installed afterward, and the court upheld Sarcone's disqualification. The DOJ has stated it intends to petition the Supreme Court, though no filing appeared on the public docket as of August 22, 2026.