Amicus Brief in New York US Attorney Case

The Society for the Rule of Law has filed an amicus brief in In Re Grand Jury Subpoenas to the Office of the New York State Attorney General v. United States of America, urging the United States Court of Appeals for the Second Circuit to uphold the U.S. District Court for the Northern District of New York’s ruling that the continued retention of John Sarcone III as Acting U.S. Attorney is unlawful.

The brief argues that extending Sarcone’s tenure as Acting U.S. Attorney violates the Constitution’s Appointments Clause and federal law, defies the Senate’s advice-and-consent prerogative, and emboldens politicized investigations and prosecutions. In doing so, the Administration’s actions undermine the Rule of Law.

The administration cannot ignore the Constitution and federal statutes by installing hand-picked loyalists to indefinitely lead U.S. Attorney’s offices where the President has not obtained Senate confirmation for his preferred prosecutors. Congress has not relinquished its constitutional role and placed responsibility for U.S. Attorney appointments solely in the Executive Branch. The administration’s actions disregard the checks and balances established in the Appointments Clause, 28 U.S.C. § 546(d), and the Federal Vacancies Reform Act (‘FVRA’), 5 U.S.C. §§ 3345-3349d, and the ultimate authority of the Senate under the Constitution to provide advice and consent for the appointment of U.S. Attorneys.

Read the full brief here. For press inquiries, please contact [email protected].

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