ALBANY, N.Y. — President Donald Trump's effort to install political loyalists as top federal prosecutors has run into a legal buzz saw lately, with judges ruling that his handpicked U.S. attorneys for New Jersey, eastern Virginia, Nevada and Los Angeles were all serving unlawfully.
On Thursday, another federal judge heard an argument by New York Attorney General Letitia James that the administration also twisted the law to make John Sarcone the acting U.S. attorney for northern New York.
James, a Democrat, is challenging Sarcone's authority to oversee a Justice Department investigation into regulatory lawsuits she filed against Trump and the National Rifle Association. It's one of several arguments she is making to block subpoenas issued as part of the probe, which her lawyers say is part of a campaign of baseless investigations and prosecutions of Trump's perceived enemies.
Her attorney Hailyn Chen argued in court that since Sarcone lacks legitimate authority to act as U.S. attorney, legal steps taken by him in that capacity — like the subpoenas — are unlawful. In response to a question from U.S. District Judge Lorna G. Schofield, Chen said Sarcone should be disqualified from the investigation and the office.
''Sarcone exercised power that he did not lawfully possess,'' Chen told the judge.
Justice Department lawyers say Sarcone was appointed properly and the motion to block the subpoenas should be denied. Assistant U.S. Attorney Richard Belliss argued that disqualifying Sarcone would be ''drastic and extreme.''
''We don't think that's a proper remedy,'' Belliss said.
Schofield, after peppering both attorneys with questions, did not say when she would rule.
