By Andrew Goudsward
WASHINGTON, Jan 8 (Reuters) – The U.S. Justice Department faced another setback in efforts to investigate New York Attorney General Letitia James, when a federal judge quashed subpoenas seeking information about two cases her office pursued, including a civil fraud lawsuit against President Donald Trump and his family business.
Manhattan-based U.S. District Judge Lorna Schofield on Thursday found that the Trump ally who issued the subpoenas, John Sarcone, was unlawfully serving as the lead prosecutor and blocked his involvement in the probe.
The ruling deals another blow to the Justice Department’s efforts to pursue Trump’s political enemies. The department has twice been stymied in its investigations of James, an elected Democrat and one of Trump’s top political antagonists, after courts found U.S. Attorneys leading those probes were not properly appointed.
“When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,” Schofield wrote in the ruling.
Sarcone in August subpoenaed James’ office for records on lawsuits against Trump’s business and the National Rifle Association gun rights group as part of a criminal investigation into potential civil rights violations associated with those cases, Reuters reported at the time. No charges have so far been filed.
Both Trump and the NRA were found liable following trials in each case. They claimed they were targeted for political purposes.
James separately faced federal charges in Virginia that accused her of providing misleading information on mortgage documents.
That case was dismissed after a judge found the U.S. Attorney who secured the indictment, Lindsey Halligan, was also unlawfully appointed. Prosecutors are appealing the ruling after two grand juries rejected attempts to revive the charges.
James has denied wrongdoing and argued that the investigations are payback for suing Trump’s family business.
“This decision is an important win for the rule of law and we will continue to defend our office’s successful litigation from this administration’s political attacks,” James’ office said in a statement.
A Justice Department spokesperson did not immediately respond to a request for comment.
The Justice Department used a series of procedural maneuvers to keep Sarcone in place as acting U.S. Attorney for the Northern District of New York after the Albany, New York federal court declined to extend his 120-day interim appointment.
The judge found those moves unlawful, pointing to other court rulings rejecting similar appointments in New Jersey, Nevada and California.
(Reporting by Andrew Goudsward; editing by Andy Sullivan and Bill Berkrot)
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