A divided federal appeals court ruled that the Trump-picked US Attorney in Albany is serving unlawfully and can no longer be involved in the investigation of one of the president's top foes.
The Second Circuit Court of Appeals, in a 2-1 decision, upheld a lower court's ruling from January that said the appointment of John Sarcone, then-Acting US attorney for the Northern District of New York, is not valid and disqualified him from a probe into the state's Attorney General Letitia James.
The decision marks the third time a federal appeals court has rejected as unlawful the Trump administration's process for naming US attorneys without Senate approval.
"We disagree with the court's decision, and intend to take this case to the Supreme Court," the Justice Department wrote in a tweet Friday.
Earlier this week, the Ninth Circuit Court of Appeals said the US attorney for Nevada, Sigal Chattah, is serving unlawfully. The Justice Department said it would appeal to the Supreme Court. In December the Third Circuit ruled that Alina Habba was not validly appointed US attorney for New Jersey.

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