A judge ruled a Trump DOJ prosecutor is 'not lawfully serving,' but he's still wielding his title [View all]
Source: Law & Crime
Feb 3rd, 2026, 1:52 pm
As the DOJ tries to halt a ruling that quashed its criminal grand jury subpoenas of New York Attorney General Letitia James' office, acting U.S. Attorney John Sarcone is still wielding his claimed title in a bid to dismiss Maurene Comey's lawsuit over her firing, despite a judge ruling he is "not lawfully serving."
The daughter of ex-FBI Director James Comey, who was fired from her post as assistant U.S. attorney for the Southern District of New York in July by the Trump administration, is currently suing over her "illegal termination" in Manhattan.
The Northern District of New York's Sarcone has been defending the DOJ in the case because the U.S. Attorney's Office for the Southern District recused itself, given that the plaintiff once prosecuted Jeffrey Epstein's accomplice, Ghislaine Maxwell, as she worked there for nearly a decade. Her father was also once the U.S. attorney and a line prosecutor.
On Monday, the DOJ filed a reply memorandum in U.S. District Judge Jesse Furman's court, in support of tossing out Comey's lawsuit for lack of jurisdiction. Deputy Attorney General Todd Blanche and Sarcone's names were on the filing. Notably, Sarcone's listed title was "Acting United States Attorney." Whether you go by the date at the bottom of the filing, Jan. 23, or the date it was entered on the docket, Feb. 2, Sarcone is holding himself out as the top prosecutor for the Northern District of New York weeks after a judge ruled that he was "not lawfully serving."
Read more: https://lawandcrime.com/high-profile/a-judge-ruled-a-trump-doj-prosecutor-is-not-lawfully-serving-but-hes-still-wielding-his-title-while-trying-to-dismiss-comeys-firing-lawsuit/
Full headline: A judge ruled a Trump DOJ prosecutor is 'not lawfully serving,' but he's still wielding his title while trying to dismiss Comey's firing lawsuit
Link to DOJ FILING (with his name listed) (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.nysd.649409/gov.uscourts.nysd.649409.48.0.pdf
REFERENCE - https://www.democraticunderground.com/10143595108
ADDITIONAL REFERENCES (Maurene Comey)
https://www.democraticunderground.com/10143496830
https://www.democraticunderground.com/10143497200
https://www.democraticunderground.com/10143530435
https://www.democraticunderground.com/10143575932
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