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147

Judge disqualifies federal prosecutor in investigation into New York Attorney General Letitia James (apnews.com)

submitted 2 months ago by Stamau123@lemmy.world to c/news@lemmy.world

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ALBANY, N.Y. (AP) — A judge disqualified a Trump administration federal prosecutor from overseeing investigations into New York Attorney General Letitia James, ruling Thursday that he is not lawfully serving as an acting U.S. attorney.

U.S. District Judge Lorna G. Schofield blocked subpoenas requested by John Sarcone, the acting U.S. attorney for the Northern District of New York. The judge said the Department of Justice did not follow statutory procedure after judges declined to extend Sarcone’s tenure last year.

Schofield joined several other federal judges across the country who have ruled that actions taken by top federal prosecutors were invalid because of unusual methods that the Trump administration used to get them the jobs. People were given the power of a U.S. attorney outside of the normal U.S. Senate confirmation process or were allowed to serve until federal judges in their district could decide whether they could stay.

“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, it acts without lawful authority. Subpoenas issued under that authority are invalid. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations,” the judge said in her decision.

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[–] Atelopus-zeteki@fedia.io 12 points 2 months ago

Excellent!

[–] Nastybutler@lemmy.world 4 points 2 months ago* (last edited 2 months ago)

This is good in the short term, but I predict that before long any judge who doesn't toe the line will be charged with crimes like that immigration judge who let the defendant use the side door to avoid ICE. Once all the non partisan judges are gone or cowed into subservience, it's only a matter of time before juries are done away with so we only have kangaroo courts that punish their opponents and give a pass to party members.

I'm afraid not only is it going to happen, it will happen sooner than anyone thinks.