SRL Filed an Amicus Brief against Weaponizing Justice- the Judiciary Agreed

Checks & Balances is a newsletter of the Society for the Rule of Law Institute.

The Society for the Rule of Law welcomes the Court of Appeals for the Second Circuit’s decision, in In re Grand Jury Subpoenas to the Office of the New York State Attorney General v. United States of America, to uphold the Northern District Court of New York’s ruling that the continued retention of John Sarcone III as US Attorney for the Northern District of New York is unlawful.

We hold that Sarcone was not lawfully serving as Acting U.S. Attorney for the Northern District of New York under the FVRA, and that the delegation to him of all the duties of that office as Special Attorney and FAUSA was an unlawful circumvention of the FVRA’s exclusivity provision.

In re Grand Jury Subpoenas to the Off. of the N.Y. State Att’y Gen., No. 26-156, slip op. at 38 (2d Cir. Aug. 21, 2026).

The Society for the Rule of Law filed an amicus brief in this case. We argued that extending Sarcone’s tenure as Acting U.S. Attorney violated both the Federal Vacancies Reform Act and the Constitution’s Appointments Clause. Retaining Sarcone as Acting U.S. Attorney would not only have disregarded federal law and the Constitution, but also would have emboldened politicized investigations and prosecutions.

The consequences of the administration’s attempted end-run around federal law are clear. Its actions threaten the legitimacy of prosecutions, the credibility of U.S. Attorney’s offices, and the fair and impartial administration of justice. The case on appeal demonstrates as much. It shows a Justice Department wielding its prosecutorial power to investigate a perceived political adversary to retaliate for prior civil litigation against the President. And it shows a Justice Department that prioritizes settling scores above competence and character and the fair administration of justice.

Signatories for the Society for the Rule of Law include our Executive Director Gregg Nunziata, our Board President Alan Raul, Board Treasurer Stuart Gerson, Board Member Donald Ayer, and Charter Member Stanley Twardy, Jr.

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Read our full amicus brief here. If you’re interested in learning more about the Federal Vacancies Reform Act, watch our engaging FVRA webinar here.

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