A Trump administration official fired a newly appointed U.S. attorney in upstate New York just hours after federal judges named him to the position. This action intensified a dispute over who controls the temporary leadership of federal prosecutor offices.
Donald T. Kinsella, an experienced federal prosecutor, accepted the role of U.S. attorney for the Northern District of New York on Wednesday after a panel of judges selected him to fill the vacancy. Chief U.S. District Judge Brenda K. Sannes swore him in during a private virtual ceremony earlier that day.
Later that evening, Kinsella received an email from Morgan DeWitt, described by the Times Union as a special assistant in the White House personnel office. The email informed him that he had been removed from the position. The Trump administration acted quickly to argue that judges did not have the authority to appoint a U.S. attorney against the president’s wishes. Deputy Attorney General Todd Blanche stated on social media, “Judges don’t pick U.S. Attorneys,” pointing to Article II of the Constitution, as reported by Reuters.
Federal law allows district judges to appoint an interim U.S. attorney when a vacancy exists and other temporary appointment options have expired. The judges in the Northern District made their move following a legal battle over John A. Sarcone III, who had been acting U.S. attorney without Senate confirmation.
Reuters noted that Sarcone’s interim appointment faced legal challenges after courts decided he could not continue in the role based on the statute governing temporary U.S. attorney appointments. The Washington Post stated that judges acted after what it called a rare use of their appointment authority, prompted by the lack of a Senate-confirmed nominee and disputes over the legality of the previous arrangement.
Here is the notice announcing the appointment of Donald Kinsella, posted on the district court’s website just a few hours ago.
Now Blanche, the #2 official at DOJ, says Kinsella is “fired.” https://t.co/2VEeUnxoXR pic.twitter.com/vipbpIBbMz
— Anna Bower (@AnnaBower) February 12, 2026
The sudden firing left the Northern District office in uncertainty and raised immediate questions about who could approve key prosecution decisions. This includes charging documents, plea agreements, and other filings that need the U.S. attorney’s authorization. Reuters mentioned that the Northern District is one of several areas where courts and the administration have clashed over interim leadership in U.S. attorney offices.
This incident also highlighted the political sensitivity surrounding the Northern District, which has dealt with high-profile public corruption cases in the past and is located in a state where Trump and his allies have often targeted Democratic officials. Reuters reported that issues related to Sarcone included his connections to the Trump administration and his role in efforts linked to New York Attorney General Letitia James, a frequent opponent of Trump.
The Times Union stated that the White House acted within hours of Kinsella’s swearing-in and did not explain publicly why it removed him. Reuters reported that Blanche’s message characterized the judges’ appointment as inconsistent with the president’s constitutional authority.
Kinsella has decades of experience in federal prosecution, including leadership roles in criminal matters, according to Reuters. The Washington Post described him as a longtime prosecutor and noted that the White House dismissed him less than five hours after the judges appointed him.
The Justice Department and the White House did not immediately provide public guidance on how the Northern District would function after the firing, and no replacement was announced at the time of the reports. While the judges do have the authority to appoint an interim U.S. attorney under federal law, the president’s power to remove an appointee has limited practical checks.
