Trump Ousts Judge-Installed Prosecutor, Constitutional Expert Says Article II Gives President Broad Removal Power

Former Justice Department official John Yoo argues the Constitution grants the president authority to fire court-appointed U.S. attorneys.

Published on Feb. 14, 2026

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President Donald Trump has the constitutional authority to fire court-appointed U.S. attorneys, even if judges legally appointed them, according to former Justice Department official John Yoo. Yoo said the Constitution gives the president broad removal power over executive branch officers, arguing that the president must be able to hold U.S. attorneys accountable for enforcing federal law.

Why it matters

This case highlights the ongoing constitutional dispute over who controls the appointment and removal of U.S. attorneys. The president's ability to fire court-appointed prosecutors could have significant implications for federal law enforcement and the balance of power between the executive and judicial branches.

The details

Trump exercised his removal power this week by terminating Donald Kinsella, who had been installed as U.S. attorney by federal judges in the Northern District of New York. Yoo said the judges' actions were legal due to a 'quirk' in the law, but that the president still has the authority to fire Kinsella. Yoo argued the Constitution lays out detailed processes for appointing U.S. attorneys but is 'silent' on how they are removed, giving the president the ultimate power to fire inferior officers in the executive branch.

  • On February 14, 2026, President Trump terminated Donald Kinsella as U.S. attorney for the Northern District of New York.

The players

Donald Trump

The 45th President of the United States.

John Yoo

A former Justice Department official and law professor at the University of California, Berkeley, who argued that the Constitution gives the president broad removal power over executive branch officers.

Donald Kinsella

A veteran federal prosecutor who was installed as U.S. attorney for the Northern District of New York by federal judges, before being terminated by President Trump.

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What they’re saying

“Otherwise, you could have U.S. attorneys who are enforcing federal law differently than the president would, and it's the president who all of us in the country elect and to whom the president is accountable.”

— John Yoo, Former Justice Department official (Fox News Digital)

“No matter how an executive officer is appointed … none of these positions under the Constitution have any specific way to remove the officers, and so the president can remove all officers in the executive branch, particularly all officers in the Justice Department.”

— John Yoo, Former Justice Department official (Fox News Digital)

What’s next

The Department of Justice has not yet elevated any of the U.S. attorney cases to the Supreme Court, but the case involving Alina Habba's temporary term in New Jersey is the furthest along and could potentially reach the high court.

The takeaway

This case highlights the ongoing tension between the executive and judicial branches over the control of federal law enforcement, with the president asserting his constitutional authority to remove U.S. attorneys despite their being appointed by the courts. The outcome could have significant implications for the balance of power and the president's ability to shape the Justice Department.