Federal judges decline to reappoint Croton's John Sarcone as U.S. Attorney for the Northern District of New York. [Updated July 15: Sarcone comments via proxy]

The judges gave no reason, but the conservative attorney's provocative statements attacking Democrats might be part of the explanation. The ball is probably now in President Trump's court.

John Sarcone III in his Albany office.

In a terse statement released earlier today, Board of Judges of the United States District Court for the Northern District of New York declined to reappoint Croton attorney John Sarcone III as U.S. Attorney for the district.

As late as last Friday, Sarcone had told local media in upstate New York, and the Chronicle, that he had been assured there was no problem with his reappointment—but that it needed the signature of the district’s chief judge when they returned to work today from an absence.

But that did not happen. According to a report on the news by Bloomberg Law:

“It’s the first time a federal district court has publicly declined to permanently tap one of the administration’s picks as US attorney during his second term. Federal law permits the federal district court to appoint a US attorney to serve until a vacancy is filled, once the attorney general’s pick for its temporary leader has served 120 days. Sarcone had not been formally nominated to serve in the position full-time.”

President Donald Trump could theoretically select a new U.S. Attorney for the district, or even reappoint Sarcone himself, but this would probably be subject to confirmation by the U.S. Senate. However, Senators normally have veto power over U.S. Attorney nominees in their home states, and it remains to be seen how Chuck Schumer and Kirsten Gillibrand would react to such an attempted appointment. As Bloomberg quoted a law professor in its report, the Trump administration “is sort of creating their own precedent here.”

It may not be entirely surprising that the Northern District judges declined to reappoint Sarcone, a conservative well known for provocative attacks on Democrats. Just last year, he declared on Twitter that former president Barack Obama should be deported as an “illegal alien” and that former President Joe Biden should be tried for treason.

We have asked Sarcone to comment for this report and will update it as soon as we hear from him. His interim appointment expires this week.

Update July 15: Sarcone has agreed that we can publish the following comment.

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