Federal judges refuse to permanently appoint interim US attorney in NY

A panel of federal judges declined to permanently appoint an interim U.S. attorney who reportedly claimed just days ago that his extension was approved. 

The term of John Sarcone — who was appointed to the role of United States Attorney for the Northern District of New York on an interim basis by Attorney General Pamela Bondi in March – is set to expire Tuesday, according to WXXI. 

“The Board of Judges of the United States District Court for the Northern District of New York declines to exercise the authority granted pursuant to 28 U.S. Code § 546(d) to appoint a United States attorney for the Northern District of New York,” the panel said in a statement Monday, without elaborating further. 

Last month, Sarcone told Fox News that he feared for his life after allegedly being confronted by a knife-wielding illegal immigrant in Albany, the capital of New York. The Department of Homeland Security said on June 17, Saul Morales-Garcia, who is from El Salvador, “lunged at Sarcone with a knife while yelling aggressively in a foreign language.” 

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In the lead-up to the panel’s statement, Sarcone said Friday he received word that the federal judges had voted to extend his appointment, WNYT reported. 

However, the panel later issued a statement to the station saying “The Board of Judges of the Northern District of New York has taken no action with respect to U. S. Attorney Sarcone.” 

Sarcone’s hopes of returning to the position on a permanent basis now rely on being formally nominated by President Donald Trump and then being confirmed by the Senate, WXXI reported. 

The Northern District of New York stretches from central New York all the way to the Canadian border and includes the cities of Albany, Syracuse and Binghamton. 

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“Thank you, Attorney General Bondi, for trusting me to carry out this important mission and most importantly thank you President Trump for once again having faith and confidence in me to do my part to accomplish one of your most important tasks – to restore public confidence and trust in our government and the Department of Justice,” Sarcone said when he was appointed on an interim basis in March. 

The Department of Justice said Sarcone would be based in Albany and “has been a dedicated public servant and lawyer for many years.  

“From 2018 to 2021, Mr. Sarcone served as Northeast and Caribbean Regional Administrator for the U.S. General Services Administration, overseeing a large team responsible for federal buildings and facilities, procurement, and IT initiatives, and working with dozens of federal agencies and courthouses, including in the Northern District of New York. Earlier in his career, he served as Town Attorney in Eastchester, New York, and General Counsel to the United Federation of Special Police Officers, Inc. and to the Association of Commuter Rail Employees,” it said. 

“Mr. Sarcone also founded and built a general practice law firm, providing advice to small businesses and family-owned corporations, handling large real estate transactions, and litigating and arbitrating in areas including business and construction disputes, insurance defense, and toxic torts,” the Department of Justice added. 

In the Western District of New York, U.S. Attorney Michael DiGiacomo was permanently appointed last month before his interim appointment expired, according to WXXI.