Trump Blocked by Judges on a Top Prosecutor
Sages of the Northern District of New York are trying to reject his pick for United States attorney at Albany.

So much for Chief Justice Robertsâs claim that there are no âObama judges or Trump judges, Bush judges or Clinton judges.â With every passing day it gets more difficult to characterize the federal judiciary as nonpolitical. Feature the dĂ©marche by the federal judges of the Northern District of New York, who on Monday rejected President Trumpâs pick for, in John Sarcone, United States attorney at Albany.
Mr. Trump has reportedly parried the judgesâ move by appointing Mr. Sarcone as the first assistant United States attorney for the district, suggesting he is not taking the juristsâ decision as final. Itâs not our intention here to endorse, per se, Mr. Sarcone for either job. We understand that his political foes have questioned his judgment amid tensions with local police. Yet it is our intention to mark the political dimension of the judges blocking a prosecutor.
Mr. Sarcone was named in March to the position on an interim basis. That would enable him to hold the post for 120 days unless he were to be nominated by the president. Plus Senate ratification would be needed. Senator Schumer has reportedly been slow to move on other New York nominees. If an interim appointment expires, by federal law, the districtâs judges have power to âappoint a United States attorney to serve until the vacancy is filled.â
In this case, though, the judges decided to send Mr. Sarcone packing. âThe Board of Judges of the United States District Court for the Northern District of New York declines to exercise the authority,â granted by law, âto appoint a United States attorney for the Northern District of New York,â the court said in an unsigned statement, offering no further explanation. The clerkâs office tells us that the Board of Judges includes all the districtâs judges.
Could the partisan complexion of that group of judges shed light on Mr. Sarconeâs ouster? Of the 10 district judges serving, seven â including the chief judge, Brenda Sannes â were nominated by Democratic presidents. Three were named by Republicans. We hesitate to speculate that the judges acted on the basis of political motivations. Yet the Times reports that the defenestration of Mr. Sarcone comes at a fraught time for the judiciary.
âThe move came as federal judges, including some appointed by Republicans, have strongly resisted the policies of Mr. Trumpâs Justice Department,â the Times reports, âwith a sharp focus on how federal prosecutors have handled immigration cases.â These columns have noted, too, that the frequently obstructive posture of federal judges toward Mr. Trumpâs agenda has suggested a politicization of the courts.
Upon being named to the post, Mr. Sarcone said he was âdeeply humbled and honored,â especially in light of his âblue-collar background,â as he put it, âgrowing up in Croton-on-Hudsonâ and âhaving worked full-time while going at nightâ to Pace Universityâs law school. Yet, per the Times, Mr. Sarcone made some waves in the position when he, on June 17, reported that âa maniac with a knife who was speaking in a foreign languageâ had attacked him.
The accused assailant, described by the Times as an illegal immigrant from El Salvador, pleaded guilty to second-degree menacing, though Mr. Sarcone had pushed for more severe charges. Mr. Sarcone, too, pointed to the episode to bolster criticism of âboth the local police and what he saw as lax immigration policies,â the Times reported. He went on to call the leadership of the Albany Police Department âdisgraceful.â
Itâs not clear yet how far Mr. Trump intends to press the point on Mr. Sarconeâs nomination. WNYT reports that other candidates are being considered. Yet Mr. Sarcone in March had thanked Mr. Trump for âhaving faith and confidence in meâ to ârestore public confidence and trust in our government and the Department of Justice.â Unless Mr. Trump sticks by Mr. Sarcone, itâll look like the politics of upstate New Yorkâs federal bench is more decisive.

