John Sarcone’s Contentious Tenure as Upstate New York’s Top Federal Prosecutor
Albany, New York – The position of top federal prosecutor for much of Upstate New York has been marked by controversy surrounding John Sarcone, with questions raised about the legality of his appointment and subsequent actions. A series of events unfolded in early 2026, leading to his removal and a legal challenge to the process of appointing interim U.S. Attorneys.
Appointment and Initial Controversy
In March 2025, John Sarcone was named U.S. Attorney for the Northern District of New York, though his appointment was not confirmed by the Senate. When his interim term expired in July 2025, federal judges declined to allow Sarcone to continue in the role. However, the Justice Department overruled this decision, allowing him to remain as Acting U.S. Attorney .
Subpoenas and Legal Challenge
Sarcone’s authority came into question due to criminal probes involving New York Attorney General Letitia James’ office. He issued subpoenas to James’ office, investigating her cases against President Trump and the National Rifle Association. Attorneys questioned whether Sarcone had the legal authority to issue these subpoenas .
Ruling Against Sarcone
In January 2026, a federal judge ruled that Sarcone was acting “unlawfully” in his position. This decision mirrored similar rulings concerning Trump-appointees for U.S. Attorney positions in New Jersey and Virginia , .
DOJ Intervention and Kinsella’s Brief Appointment
On February 12, 2026, the Justice Department fired a newly appointed U.S. Attorney, Donald Kinsella, just hours after a panel of federal judges had named him to fill the vacancy left by Sarcone. Deputy U.S. Attorney General Todd Blanche stated via X (formerly Twitter), “Judges don’t pick U.S. Attorneys, @POTUS does. Witness Article II of our Constitution. You are fired, Donald Kinsella” .
Collaboration on Border Security
Prior to the legal challenges, on January 29, 2026, First Assistant U.S. Attorney John A. Sarcone and leadership from FBI Albany met with District of Vermont First Assistant U.S. Attorney Jonathan A. Ophardt in Burlington, Vermont. The meeting focused on combating drug and human trafficking and collaborating to disrupt drug trafficking and human smuggling networks along the New York-Vermont border , .
The situation highlights the complex interplay between judicial appointments, executive authority and ongoing legal investigations within the Department of Justice.