# John Sarcone
Appointed **interim U.S. Attorney for the Northern District of New York** in March 2025 by Attorney General [[Pam Bondi]] under 28 U.S.C. § 546. When the 120-day interim term ran out, the district's **board of judges expressly declined** to appoint him under § 546(d) — a rare public refusal by a court handed the statute's backstop appointment power. Bondi then designated him a **special attorney** under 28 U.S.C. § 515 and **first assistant U.S. attorney**, the combination intended to make him *acting* U.S. attorney under the [[Federal Vacancies Reform Act]].
A district court invalidated the arrangement in January 2026, quashing grand jury subpoenas he had issued in an investigation of New York Attorney General [[Letitia James]]. On **August 21, 2026** a divided Second Circuit panel affirmed **2–1**, holding that the FVRA permits elevation only of a first assistant already in place when the vacancy opened; Judge Michael Park dissented. The Justice Department signaled it would seek Supreme Court review.
One of four 2025–26 appointments invalidated in the fight mapped by [[How a U.S. Attorney Is Appointed and Removed]].
## See also
- [[How a U.S. Attorney Is Appointed and Removed]]
- [[Federal Vacancies Reform Act]] · [[Appointments Clause]]
- [[Sigal Chattah]] · [[Alina Habba]] · [[Lindsey Halligan]]
- [[Letitia James]] · [[Department of Justice]]