The federal judges of the Northern District of New York have declined to appoint John A. Sarcone III as the permanent U.S. Attorney for the district, following the expiration of his interim term. This decision marks a notable instance where a federal district court has opted not to confirm a presidential appointee to a permanent position.
John A. Sarcone III was appointed as the interim U.S. Attorney for the Northern District of New York by Attorney General Pamela Bondi on March 4, 2025, and began his tenure on March 17, 2025. His appointment followed the resignation of Carla Freedman, who had been appointed by President Joe Biden and stepped down in February 2025. Sarcone’s interim term was set to expire after 120 days unless extended or made permanent by the district’s federal judges.
In June 2025, Sarcone met with a panel of federal judges from the Northern District to discuss his potential permanent appointment. However, the judges decided not to exercise their authority to appoint him to the position permanently. The court’s announcement was made public on July 14, 2025, stating that they would not appoint a U.S. Attorney once Sarcone’s interim term expired. This decision was first reported by the Times-Union.
Prior to his interim appointment, Sarcone served as the Northeast and Caribbean Regional Administrator for the U.S. General Services Administration from 2018 to 2021. He also held positions as Town Attorney in Eastchester, New York, and General Counsel to the United Federation of Special Police Officers, Inc., and the Association of Commuter Rail Employees. Sarcone founded a general practice law firm, advising small businesses and family-owned corporations, and handling various legal matters, including business and construction disputes, insurance defense, and toxic torts.
Under federal law, the Attorney General can appoint an interim U.S. Attorney to fill a vacancy, with the appointment lasting up to 120 days. If the President does not nominate a permanent U.S. Attorney within that period, the district court judges have the authority to appoint someone to serve until the vacancy is filled. In this case, the judges chose not to appoint Sarcone permanently, leaving the position open for a new appointment.
The Trump administration has previously utilized interim appointments for U.S. Attorney positions, sometimes reappointing individuals to successive interim terms. However, the legal framework governing such successive temporary appointments remains ambiguous, and the administration’s approach has been described as creating its own precedent in this area.
As of now, it remains unclear who will be appointed to serve as the U.S. Attorney for the Northern District of New York following the expiration of Sarcone’s interim term. The administration may choose to appoint another interim leader or nominate a candidate for Senate confirmation to fill the position permanently.