Second Circuit Rules Trump-Appointed Acting US Attorney Unlawfully Subpoenaed Letitia James
The MeidasTouch segment reports on a recent 2-1 Second Circuit decision holding that John Sarcone was not lawfully serving as Acting U.S. Attorney for the Northern District of New York when he issued grand jury subpoenas to NY Attorney General Letitia James's office. The subpoenas related to investigations into James's civil cases against Trump, his business, and the NRA. Hosts Ben Meiselas and former US Attorney Harry Litman discuss the ruling as part of a pattern of Trump administration efforts to bypass Senate confirmation via interim and acting appointments under the Federal Vacancies Reform Act and related statutes. The discussion contrasts this with standard Senate confirmation processes involving 'blue slips' and negotiations, highlights Sarcone's lack of prosecutorial experience, and frames the administration's maneuvers as uniquely problematic. Litman explains the constitutional role of Congress in inferior officer appointments and consequences of invalid authority (voidable actions). The segment promotes Litman's Talking Feds content and a book.
Source: MeidasTouch