Justice Department Dismisses Newly Appointed U.S. Attorney
In a surprising turn of events, the Justice Department (DOJ) dismissed a newly appointed U.S. attorney on Wednesday, only five hours after his selection by a panel of federal judges. This incident marks a notable escalation in the ongoing conflict between the White House and the federal judiciary.
The appointee, Donald T. Kinsella, who is 79 years old and has a background as a litigator and former federal prosecutor, was chosen by judges from the Northern District of New York to serve in an interim capacity.
Interestingly, Kinsella’s term was extremely brief; it began and ended on the same day. After a private swearing-in ceremony in Albany, the White House quickly terminated his appointment via an email.
Deputy Attorney General Todd Blanche confirmed the dismissal with little elaboration on social media, stating, “Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”
This dismissal reflects the Trump administration’s emphasis on the separation of powers outlined in the Constitution, asserting that the President alone possesses the authority to appoint and remove federal law enforcement officials.
The judges in Albany utilized a seldom invoked federal statute (28 U.S.C. § 546(d)), arguing that it allows district courts to appoint a U.S. attorney to fill a vacancy if an interim appointment made by the attorney general expires without a Senate-confirmed successor.
The vacancy arose after John A. Sarcone III, who was previously appointed as interim U.S. attorney, was disqualified by a federal court in January. Judge Lorna Schofield determined that Sarcone had been serving unlawfully for several months, as the administration had used “procedural maneuvers” to bypass the 120-day limit on interim appointments.
Before his disqualification, Sarcone had been leading an investigation into New York Attorney General Letitia James, a notable Trump critic. In October 2025, James faced federal charges brought by a grand jury in the Eastern District of Virginia.
This standoff in New York is not an isolated case; similar challenges have arisen in other districts where the GOP administration has faced judicial opposition.
For instance, in Virginia’s Eastern District, a judge recently dismissed indictments from Lindsey Halligan, another interim prosecutor appointed by Trump, ruling her appointment as “invalid.” New Jersey courts have also blocked the nomination of Alina Habba, who previously served as a personal lawyer for the President.
While the law does permit judges to make appointments during vacancies, Article II of the Constitution grants the president exclusive power to remove executive officers.
Looking Ahead
The judges of the Northern District of New York have acknowledged Kinsella’s willingness to serve, though they have yet to communicate whether they plan to appoint someone else. Sources indicate that the DOJ may look to reassign Sarcone in some capacity or choose a new interim prosecutor who aligns more closely with the administration’s policy goals, a move that could potentially lead to a Supreme Court case.
