The White House fired Donald Kinsella, the newly appointed U.S. Attorney for the Northern District of Modern York, just hours after he was sworn into office on Wednesday, escalating a dispute over the appointment of federal prosecutors. The dismissal came after Kinsella, a veteran litigator, was appointed by a panel of U.S. District judges to fill a vacancy left by John Sarcone III, a Trump appointee whose appointment was previously ruled unlawful.
Kinsella received notification of his removal via email from Morgan DeWitt Snow, the deputy director of presidential personnel, according to a statement he provided to NBC News. The email cited a directive from the president without offering further explanation. Deputy Attorney General Todd Blanche subsequently defended the decision on social media, stating, “Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”
The U.S. District Court for the Northern District of New York defended its action, asserting its authority to appoint a U.S. Attorney until a permanent replacement is confirmed. The court cited Article II, Section 2, Clause 2 of the Constitution, which allows Congress to vest the appointment of officials, including U.S. Attorneys, in the courts. The court stated it appointed Kinsella to fill the vacancy with a “qualified, experienced former prosecutor” and acknowledged his “years of distinguished work” in the district.
Kinsella’s predecessor, John Sarcone III, was removed from the position after U.S. District Judge Lorna Schofield ruled last month that the Justice Department had improperly extended his service beyond the 120-day limit for unconfirmed U.S. Attorneys. Sarcone’s removal is part of a pattern of challenges to appointments made by the previous administration. Lindsey Halligan, the former top prosecutor for the Eastern District of Virginia, and Alina Habba, a former personal attorney to President Trump who was appointed as acting U.S. Attorney for the District of New Jersey, have also been disqualified from their positions by court rulings in recent months.
The disqualifications of Halligan and Habba stemmed from violations of the Federal Vacancies Reform Act, which governs the appointment of temporary officials. Halligan, a former insurance attorney with no prior prosecutorial experience, faced criticism for pursuing cases against political opponents. Habba’s appointment was deemed unlawful due to her lack of qualifications and the improper process used for her selection.
Kinsella himself has a long history with the Department of Justice, having served as an assistant U.S. Attorney in the Northern District of New York from 1989 to 1998, later leading the criminal division of that office until 2002. His appointment by the judges was intended to provide stability and experienced leadership to the office following Sarcone’s removal.
The White House has not provided a timeline for naming a permanent replacement for Kinsella, and Deputy Attorney General Blanche has not elaborated on the reasons for the dismissal. The situation leaves the Northern District of New York without a confirmed U.S. Attorney, and underscores the ongoing tension between the executive branch and the judiciary over the appointment of federal prosecutors.
