In Re Grand Jury Subpoenas to the Office of the New York State Attorney General

Summary

The court affirmed the order quashing two grand jury subpoenas because John A. Sarcone III lacked lawful authority to obtain them. It held that the Federal Vacancies Reform Act permits automatic succession only by the First Assistant serving when the vacancy arises, and that the Attorney General could not circumvent that limitation through a wholesale delegation of the vacant office's duties. The court also affirmed Sarcone's disqualification because the Government forfeited any challenge to that remedy.