The Justice Department abruptly fired a newly appointed top federal prosecutor in upstate New York just hours after a panel of federal judges selected him to fill the role.
On Wednesday, judges in the Northern District of New York, based in Albany, announced they had appointed former prosecutor Donald T. Kinsella to serve as U.S. attorney after determining that the previous officeholder was unlawfully serving in the position.
Kinsella was sworn in the same day. But within hours, Deputy Attorney General Todd Blanche publicly rejected the move and declared the appointment invalid.
“Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution,” Blanche wrote on X. “You are fired, Donald Kinsella.”
The dispute stems from a ruling last month by U.S. District Judge Lorna Schofield, who determined that John Sarcone — serving as acting U.S. attorney for the Northern District of New York — was holding the position unlawfully. Sarcone, who previously worked as a campaign attorney for President Donald Trump, had been appointed as interim U.S. attorney, a designation that expired in July after 120 days.
After that term ended, Attorney General Pam Bondi appointed Sarcone as first assistant U.S. attorney in the district, effectively allowing him to continue leading the office as acting U.S. attorney. Judge Schofield ruled that maneuver violated federal statutes governing U.S. attorney appointments. She also barred Sarcone from leading an investigation into New York Attorney General Letitia James and quashed subpoenas related to a DOJ probe into her handling of Trump’s civil fraud case and a National Rifle Association investigation.
Following Schofield’s ruling, the district’s federal judges declined to extend Sarcone’s temporary role. Instead, they cited a federal law permitting judges to appoint a U.S. attorney when the position becomes vacant and selected Kinsella.
The Justice Department’s swift rejection of that appointment leaves the post in legal limbo. It remains unclear whether a formal court battle will follow over the authority to fill the vacancy.
The clash in Albany is part of a broader pattern of tension between the Trump administration and segments of the federal judiciary. Judicial pushback has also emerged in states including New Jersey, California, Virginia, and Nevada over interim U.S. attorney appointments.
Traditionally, presidents nominate U.S. attorneys, who must then be confirmed by the Senate. However, the administration has relied on temporary appointments in several districts amid reported nominee shortages, while also arguing that Senate Democrats have slowed or blocked confirmations.
The standoff in New York underscores the ongoing constitutional and political struggle over who ultimately controls federal prosecutorial leadership.
