DOJ Fires U.S. Attorney After Judges Name Replacement

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The Justice Department fired newly appointed U.S. Attorney Donald Kinsella on the same day that federal judges in New York's Northern District named him to replace acting prosecutor John Sarcone, who was previously ruled to be unlawfully serving in the role. The DOJ asserted that judges do not have the authority to appoint U.S. attorneys, claiming it is the president's power.

Why it matters

This case highlights the ongoing tensions between the Justice Department and the federal judiciary over the appointment of U.S. attorneys, with the DOJ seeking to maintain control over these positions even when courts have ruled against their choices. It also reflects the broader political battles between the Trump administration and its opponents, including New York Attorney General Letitia James, whom the administration has targeted.

The details

The DOJ moved to fire Donald Kinsella, who had just been appointed by federal judges to replace John Sarcone as the U.S. attorney for the Northern District of New York. Sarcone had been serving in an acting capacity, but a court previously ruled that he was unlawfully holding the position and blocked his involvement in an investigation of the state attorney general. The DOJ used various procedural maneuvers to try to keep Sarcone in the role, but these were rejected by the courts, similar to rulings in other states.

• On February 11, 2026, federal judges appointed Donald Kinsella as the new U.S. attorney for the Northern District of New York.
• Also on February 11, 2026, the DOJ fired Kinsella, asserting that judges do not have the authority to appoint U.S. attorneys.

What they’re saying

What’s next

The courts are expected to rule on the legality of the DOJ's actions in dismissing Kinsella, which could further escalate the conflict between the executive and judicial branches over the appointment of U.S. attorneys.