Any serious journalist would tell you that it’d be journalistic malpractice for a local journalist not to report that a prominent public official listed a boarded-up house as his official residence in order to claim eligibility for his position. But that’s not how John Sarcone III, acting U.S. attorney for the Northern District of New York, sees it.
He was reportedly “incensed” by reporting from the Times Union of Albany and ordered his subordinates to remove it from his office’s media list. In response, Freedom of the Press Foundation (FPF), Demand Progress Education Fund, and Reinvent Albany have filed a complaint against Sarcone with New York’s Attorney Grievance Committee.
As the complaint explains, “Sarcone is the chief legal officer charged with enforcing federal law in a district that covers over 30,000 square miles and is home to 3.4 million people. And yet he either does not know or does not care about the ‘practically universal agreement that a major purpose of [the First] Amendment was to protect the free discussion of governmental affairs.’”
The complaint requests that the Committee open an investigation to determine whether Sarcone's conduct violates New York’s Rules of Professional Conduct, and exercise its power to impose sanctions, which can include disbarment.
FPF’s Director of Advocacy Seth Stern said: “All licensed attorneys — but especially top prosecutors entrusted to protect the public, not just their clients — should know better than to retaliate against newspapers for basic public-interest journalism. Sarcone has repeatedly abused his office in his brief tenure. The committee should ensure he can no longer undermine the Constitution and embarrass the legal profession.”
Demand Progress Education Fund Special Advisor Kate Oh stated: “A prosecutor who so flagrantly disregards his ethical and professional obligations and tramples over the First Amendment rights of the press should not be empowered to enforce the laws of our nation. Sarcone’s professional history is littered with red flags and must be investigated. No less than the public’s faith in the rule of law is at stake.”
Reinvent Albany Executive Director John Kaehny said: “With great power comes great responsibility, and U.S. Attorneys like John Sarcone are among the most powerful people in America. Unfortunately, Mr. Sarcone has grossly abused his authority and betrayed the public trust. Mr. Sarcone's flagrant misuse of his authority to retaliate against the Albany Times-Union and his repeated, well-documented dishonesty are completely unacceptable, unethical, and violate basic democratic norms and rules of professional conduct. The Times Union is one of the most respected newspapers and civic institutions in New York, and it's chilling to see it attacked by an unethical U.S. Attorney with a personal grievance.”
You can read the complaint here or below. If you’d like further comment, please contact media@freedom.press or eric@demandprogress.org ,or info@reinventalbany.org.
stLouIST