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New York Attorney General Letitia James is challenging Acting U.S. Attorney for the Northern District of New York John Sarcone's power to preside over a Department of Justice probe pertaining to regulatory lawsuits she lodged against President Donald Trump and the National Rifle Association, according to The Associated Press.
It is one of the arguments she is advancing to block subpoenas issued in connection with the investigation, according to the outlet.
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.
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"Sarcone exercised power that he did not lawfully possess," Chen indicated to Schofield, according to the AP.
DOJ lawyers contend that Sarcone was appropriately appointed and that the bid to block the subpoenas should be rejected, per the outlet. Assistant U.S. Attorney Richard Belliss contended that disqualification of the man would be "drastic and extreme," the AP reported.
"We don't think that's a proper remedy," he said.
After lobbing questions at both lawyers, the judge did not state when she would make a ruling, the AP reported.
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The president has not nominated an individual for the U.S. attorney for the Northern District of New York position. Attorney General Pam Bondi tapped Sarcone for the interim U.S. attorney role in March, but after his 120-day term, judges declined to retain him in the position.
Bondi then tapped Sarcone as a special attorney and designated him as first assistant U.S. attorney for the district, a move federal officials suggest permits Sarcone to work as an acting U.S. attorney, the AP reported.
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Belliss contended in court that Bondi possesses wide power to appoint attorneys in the DOJ and delegate her functions to them, but he also indicated that even if Sarcone is not appropriately serving in the position of acting U.S. attorney, he may still carry out grand jury probes as a special attorney, the AP reported.
Fox News Digital reached out to the Department of Justice on Friday for comment.
The Associated Press contributed to this report.
