Associate Professor of Law Jenny Breen discussed legal issues surrounding the appointment of Acting U.S. Attorney John Sarcone to be the federal prosecutor covering Upstate New York with Syracuse.com. New York Attorney General Letitia James is arguing that Sarcone was improperly appointed by U.S. Attorney General Pam Bondi. Recent rulings in two similar cases found that the appointment of other acting U.S. Attorneys was illegal.
“I think James has a very strong case that he (Sarcone) was unlawfully appointed,” Breen said. “The facts are very similar, but not identical. It seems like the Trump administration is doing this around the country to avoid the Senate process of advice and consent.”