President Donald Trump’s administration removed a newly sworn-in U.S. attorney the same day he took office, setting up a sharp constitutional clash over who holds appointment authority for the powerful prosecutorial role.
A panel of judges for the U.S. District Court for the Northern District of New York had tapped Donald T. Kinsella to serve as U.S. attorney.
The court said he was sworn in on Wednesday.
Within hours, however, the Trump administration terminated him from the position.
Deputy Attorney General Todd Blanche made the administration’s stance unmistakably clear in a post on X:
“Judges don’t pick U.S. Attorneys, @POTUS does,” Blanche wrote.
“See Article II of our Constitution.
“You are fired, Donald Kinsella.”
Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella. https://t.co/XUYRgaqG2T
— Todd Blanche (@DAGToddBlanche) February 12, 2026
Court Cites Statutory Authority for Appointment
In a statement issued Thursday, the district court defended its action.
The judges argue that the position had been vacant and claimed that federal law permits courts to appoint an interim U.S. attorney.
In the statement, the court said:
“Yesterday, the United States District Court appointed a United States Attorney for the Northern District of New York, a position that was vacant.”
The court cited 28 U.S.C. § 546(d), which allows a district court to appoint a U.S. attorney to serve until the vacancy is filled.
They also referenced the Constitution’s Appointments Clause, authorizing Congress to vest such appointments in courts of law.
The statement added that Deputy Director of Presidential Personnel Morgan DeWitt Snow notified Kinsella by the end of the day that he had been removed without explanation.
The court thanked Kinsella for returning to public service and praised his record as a “qualified, experienced former prosecutor” who had served the citizens of the Northern District of New York with distinction.
Dispute Follows Earlier Legal Fight Over Acting U.S. Attorney
Kinsella had been selected to replace John Sarcone III.
He was tapped after a Democrat-aligned judge ruled in January that Sarcone was serving unlawfully as acting U.S. attorney beyond the 120-day statutory limit for officials not confirmed by the Senate.
Following that ruling, Sarcone stepped down to the role of first assistant U.S. attorney while appealing the decision.
The rapid firing of Kinsella underscores the Trump administration’s aggressive assertion of presidential authority over federal prosecutors.
It sets the stage for a broader legal and constitutional confrontation over separation of powers and control of the Justice Department’s leadership.
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