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DOJ Fires Newly Appointed U.S. Attorney in Northern New York
The ongoing battle over who has the right to select U.S. attorneys takes another turn.
Published on Feb. 12, 2026
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The Justice Department has fired Donald Kinsella, who was just appointed by a court to lead the U.S. attorney's office in Northern New York. This is the latest development in the ongoing battle over who has the authority to select U.S. attorneys, with the DOJ appointing a series of acting attorneys general despite laws that limit such interim appointments.
Why it matters
The dispute over U.S. attorney appointments highlights the broader power struggle between the executive and judicial branches, with the Justice Department asserting its authority to select prosecutors despite court rulings that some of its interim appointments have been unlawful.
The details
After the DOJ's appointment of acting U.S. Attorney John Sarcone III ran out, a court on Wednesday appointed Donald Kinsella to lead the U.S. attorney's office in the Northern New York district. But just hours later, Deputy Attorney General Todd Blanche fired Kinsella, tweeting that 'Judges don't pick U.S. Attorneys. @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.'
- On February 12, 2026, the court appointed Donald Kinsella as the new U.S. attorney for the Northern New York district.
- Just hours after Kinsella's appointment, Deputy Attorney General Todd Blanche fired him.
The players
Donald Kinsella
The newly appointed U.S. attorney for the Northern New York district, who was fired just hours after his appointment by the court.
Todd Blanche
The Deputy Attorney General who fired Donald Kinsella, asserting that the President, not the courts, has the authority to appoint U.S. attorneys.
Lindsey Halligan
A former White House aide who was appointed by President Donald Trump as interim U.S. attorney for the Eastern District of Virginia, but was found to have been unlawfully appointed.
Pam Bondi
The Attorney General who filed an appeal arguing that she has the authority to address U.S. attorney vacancies, after a federal judge threw out indictments obtained by Lindsey Halligan.
Alina Habba
Trump's former personal attorney who was disqualified from serving as interim U.S. attorney in New Jersey after the Trump administration sought to extend her appointment.
What they’re saying
“Judges don't pick U.S. Attorneys. @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”
— Todd Blanche, Deputy Attorney General (Twitter)
What’s next
The ongoing legal battle over the appointment of U.S. attorneys is likely to continue, with the Justice Department asserting its authority to select prosecutors despite court rulings that some of its interim appointments have been unlawful.
The takeaway
This case highlights the broader power struggle between the executive and judicial branches, as the Justice Department seeks to maintain control over the selection of U.S. attorneys despite legal challenges to its authority to make such appointments.
