Judge rules that a 5th federal prosecutor appointed by Pam Bondi is serving unlawfully

The top federal prosecutor in the Northern District of New York is serving in the position unlawfully, a judge ruled Thursday.

U.S. District Judge Lorna Schofield’s ruling against Acting U.S. Attorney John Sarcone is the fifth time that a judge has ruled that a top prosecutor appointed by Attorney General Pam Bondi is serving in the position unlawfully.

Similarly to other cases, Schofield ruled the Justice Department had tried to use impermissible workarounds to keep Sarcone in office despite a 120-day limit for U.S. attorneys whose nominations had not been confirmed by the Senate.

“The Department of Justice did not follow those procedures. Instead, on the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney,” Schofield wrote. “Federal law does not permit such a workaround.”