Fifth Federal Judge Rules Trump-Appointed U.S. Attorney Unlawfully Installed
U.S. District Judge Lorna Schofield of the Southern District of New York ruled that Edward Sarcone’s appointment as interim U.S. Attorney for the Northern District of New York was unlawful under the Federal Vacancies Reform Act and 28 U.S.C. § 546.
This was the fifth federal judge to rule a Trump-era interim U.S. Attorney appointment unconstitutional, establishing a comprehensive judicial rejection of the DOJ’s appointment scheme:
| # | Judge | District | Appointee | Date | Key Detail |
|---|---|---|---|---|---|
| 1 | Judge Matthew Brann | M.D. Pa. | Alina Habba (Trump’s personal attorney) | Aug 22, 2025 | First ruling; Habba was Trump’s lead civil attorney |
| 2 | Judge Jack Campbell | D. Nev. | Sigal Chattah (failed NV AG candidate) | Sep 30, 2025 | Chattah had called Muslim opponent “Sharia-sympathizer” |
| 3 | Judge J. Michael Seabright | D. Haw./C.D. Cal. | Daniel Essayli (CA state assemblyman) | Oct 28, 2025 | No federal prosecution experience |
| 4 | Judge Patricia Tolliver Currie | E.D. Va. | Lindsey Halligan (insurance defense attorney) | Nov 24, 2025 | Dismissed Comey and James indictments |
| 5 | Judge Lorna Schofield | S.D.N.Y. | Edward Sarcone | Jan 8, 2026 | Fifth and final ruling |
Common findings across all five rulings:
- Appointees did not meet statutory qualifications for interim U.S. Attorney positions
- Appointments were made to bypass Senate confirmation requirements
- The FVRA’s qualification provisions are mandatory, not discretionary
- The DOJ’s interpretation of its appointment authority was rejected
Significance: Five federal judges across four circuits unanimously rejected the DOJ’s appointment scheme. Despite this judicial consensus, the DOJ continued to operate these offices and filed appeals rather than comply with the rulings — conduct central to Article VI (Congressional Defiance / Rule of Law Violations) of the impeachment grounds.
Sources & Citations
The Cascade Ledger. “Fifth Federal Judge Rules Trump-Appointed U.S. Attorney Unlawfully Installed.” The Capture Cascade Timeline, January 8, 2026. https://capturecascade.org/event/2026-01-08--fifth-federal-judge-rules-trump-us-attorney-unlawful/