Trump Ousts Judge-Installed Prosecutor, Constitutional Expert Says Article II Leaves No Doubt

Trump fires court-appointed U.S. Attorney Donald Kinsella, escalating constitutional battle over who controls federal prosecutors.

Published on Feb. 14, 2026

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President Donald Trump has exercised his constitutional authority to fire court-appointed U.S. Attorney Donald Kinsella, just hours after federal judges in the Northern District of New York voted to install him. According to former Justice Department official John Yoo, the Constitution gives the president broad removal power over executive branch officers, even if they were legally appointed by the courts. This move has thrust the fight deeper into a constitutional dispute over who ultimately controls U.S. Attorneys.

Why it matters

This case highlights the ongoing power struggle between the executive and judicial branches over control of U.S. Attorneys. It raises questions about the limits of presidential authority and the role of the courts in appointing federal prosecutors, especially in instances where the Senate has not confirmed the president's nominees.

The details

Trump exercised his removal power this week by terminating Donald Kinsella, a veteran federal prosecutor, just hours after federal judges in the Northern District of New York voted to install him to fill a vacancy left by a Trump appointee. Deputy Attorney General Todd Blanche declared that judges "don't pick" U.S. Attorneys, thrusting the fight deeper into a constitutional dispute. Constitutional scholar John Yoo argued that while the judges' actions were legal due to a "quirk" in the law, the president still has the authority to fire Kinsella, as the Constitution gives the president broad removal power over executive branch officers.

  • On February 13, 2026, President Trump fired court-appointed U.S. Attorney Donald Kinsella.
  • In the preceding hours, federal judges in the Northern District of New York had voted to install Kinsella to fill a vacancy left by a Trump appointee.

The players

Donald Kinsella

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

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.

Todd Blanche

The Deputy Attorney General, who declared that judges "don't pick" U.S. Attorneys, further escalating the constitutional dispute.

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What they’re saying

“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)

“Everyone knows Trump only cares about one quality in a U.S. Attorney: complete political subservience.”

— Chuck Schumer, Senate Minority Leader (Fox News)

What’s next

The Department of Justice is expected to appeal the court's decision to install Kinsella as U.S. Attorney, further escalating the constitutional battle over presidential removal power.

The takeaway

This case highlights the ongoing power struggle between the executive and judicial branches over the control of U.S. Attorneys, raising fundamental questions about the limits of presidential authority and the role of the courts in appointing federal prosecutors, especially in instances where the Senate has not confirmed the president's nominees.