Trump’s latest slap to judicial system gives rejected prosecutor ‘special’ title to keep him in power

In a step that avoids normal oversight rules, the Department of Justice has given John Sarcone III, the temporary U.S. attorney for New York’s northern district, a new title. This title is “special attorney to the attorney general,” allowing him, as Trump’s pick, to stay in power after a judicial panel rejected his permanent appointment.

Sarcone’s original temporary role was about to end, and federal judges refused to extend his term, an unusual decision that some see as a sign they do not trust him. However, the Justice Department, led by Attorney General Pam Bondi, quickly named Sarcone as both “special attorney to the attorney general” and “First Assistant U.S. Attorney” for the Northern District of New York.

According to The Guardian, this new setup uses a federal law, 28 U.S. Code Section 515, and the Vacancy Reform Act. This is a way to put him back in charge of the office with the same authority and no fixed end date, skipping the usual Senate approval process entirely. While this isn’t the first time a Trump pick went over the judicial system, it is still surprising to see.

Trump’s administration does not care what the judicial branch wants

Carl Tobias, a law professor at the University of Richmond, questioned whether Section 515 should be used this way, since it is normally meant for special attorneys handling individual cases, not for someone serving as both acting U.S. attorney and first assistant at the same time. Tobias pointed out that historically, U.S. Attorneys are chosen by the President and confirmed by the Senate for their full term.

This situation is part of a larger trend under the current administration, which has increasingly used temporary appointments for U.S. attorneys instead of going through the Senate confirmation process that all 85 nominees faced during the administration’s first term. Legal experts and Senate Democrats have criticized this approach, saying it weakens the system of checks and balances meant for these important roles.

Sarcone’s trustworthiness and background have also been questioned. The Albany Times Union previously reported that an address he claimed as his legal home was actually a boarded-up building, raising doubts about whether he followed federal rules requiring U.S. attorneys to live in their district. Additionally, Sarcone was involved in a dispute after saying an undocumented immigrant tried to kill him with a knife, a claim that security camera footage disproved by showing the two men were never within 20 feet of each other.

Originally, the immigrant faced attempted murder charges, but those were dropped after the video surfaced, and a plea deal was reached for a much smaller charge of menacing. When asked about the false address, Sarcone brushed off concerns, saying, “Have you been chased with a knife and threatened? Are you saying I lied? Give me a break.” The Department of Justice has not yet responded to the issue.