The Trump administration removed a newly appointed U.S. attorney Wednesday night, just hours after federal judges placed him in the role.
Donald T. Kinsella received a termination email from a White House official following a private swearing-in ceremony earlier that day, according to the New York Times. Judges in the Northern District of New York had announced Kinsella would replace John A. Sarcone III, whose appointment a judge ruled unlawful.
“Judges don’t pick U.S. Attorneys, @POTUS does,” Deputy Attorney General Todd Blache posted on X Wednesday night. “See Article II of our Constitution. You are fired, Donald Kinsella.”
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White House Deputy Chief of Staff Dan Scavino also posted on X: “Check your email, Don.”
The court’s announcement noted Kinsella’s extensive legal career, stating he “has more than 50 years of experience in complex criminal and civil litigation.” According to the announcement, Kinsella served as an Assistant United States Attorney from 1989 until 1998, when he became Criminal Chief for the Northern District of New York office, a position he held until retiring from federal service in 2002.
Prior to his disqualification, Sarcone had been investigating New York Attorney General Letitia James over alleged “selective enforcement” in cases against President Donald 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,” wrote Judge Lorna Schofield, an Obama appointee, in her opinion disqualifying Sarcone.
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Similar disputes over U.S. attorney appointments have emerged in other districts. Judges in the Eastern District of Virginia, New Jersey, Nevada and California have found prosecutors unlawfully appointed after the administration used legal strategies to keep them in place beyond time limits for temporary appointments.
In January, federal judges in Virginia posted an online job listing seeking a replacement for Lindsey Halligan, who had brought cases against former FBI Director James Comey and James.
“When will they learn?” wrote Alina Habba on X. Habba was disqualified by a judge from serving as U.S. Attorney for the District of New Jersey. “Let our U.S. Attorneys work to fight crime and stop the games. Judges are not running this administration. President Donald J. Trump is.”
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