Hours after judges anointed him in the position, the Trump administration announced the firing of Donald T. Kinsella, a court-appointed U.S. Attorney in a hotly contested Northern District of New York.
Kinsella was recently appointed to replace John A. Sarcone III, whose appointment was deemed unlawful by a judge, as the office’s top prosecutor.
However, Deputy Attorney General Todd Blache announced late Wednesday that Kinsella would never get to the bench.
“Judges don’t pick U.S. Attorneys, @POTUS does,” Deputy Attorney General Todd Blache wrote Wednesday night on X.
“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
According to the New York Times, Kinsella received an official email from a White House official hours after his private swearing in ceremony informing him of his removal.
“Check your email, Don,” White House Deputy Chief of Staff Dan Scavino wrote on X.
Check your email, Don💻📧… https://t.co/2pml68mAIL
— Dan Scavino (@Scavino47) February 12, 2026
Kinsella’s judge-appointed move has been under scrutiny after his predecessor Sarcone was disqualified and ousted by an Obama-era federal judge.
Sarcone was probing alleged “selective enforcement” in Democratic New York Letitia James’ cases against President Trump’s businesses and the National Rifle Association.
“When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,” Judge Lorna Schofield, an Obama appointee, wrote in the opinion disqualifying Sarcone.
The move highlighted efforts from other judges across the country that found U.S. attorneys in the Eastern District of Virginia, New Jersey, Nevada and California unlawfully appointed after the administration used creative legal maneuvers to keep them in place past the time limits for temporary appointments.
Most recently, federal judges in Virginia posted a job application online in January seeking a replacement for Lindsey Halligan, who brought cases against FBI Director James Comey and New York Attorney General Letitia James.
“When will they learn?” Alina Habba, who herself was also disqualified by a judge from serving as U.S. Attorney for the District of New Jersey, wrote on X.
When will they learn?
Let our U.S. Attorneys work to fight crime and stop the games. Judges are not running this administration. President Donald J. Trump is. @POTUS https://t.co/dsGvEkNj4p
— Alina Habba (@AlinaHabba) February 12, 2026
“Let our U.S. Attorneys work to fight crime and stop the games,” Habba continued. “Judges are not running this administration. President Donald J. Trump is.”
The White House did not respond to a request for comment at the time of publication.