Judges Appoint New US Attorney in Albany, But Justice Department Immediately Fires Him

The latest clash between the Trump administration and the judiciary over the process for selecting top federal prosecutors

Published on Feb. 12, 2026

A lawyer appointed by judges to be the U.S. attorney for northern New York was immediately fired by the Justice Department, in the latest conflict between the Trump administration and the judiciary over the process for selecting top federal prosecutors. Donald Kinsella spent less than a day in the position before he was dismissed, with Deputy Attorney General Todd Blanche announcing his firing on social media.

Why it matters

This case highlights the ongoing tensions between the executive and judicial branches over the appointment of U.S. attorneys. The Trump administration has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers that courts have later ruled to be improper. This latest incident in Albany underscores the administration's efforts to exert control over the selection of top federal prosecutors, even when judges have tried to intervene.

The details

Kinsella was appointed by federal judges to fill the U.S. attorney position for the Northern District of New York after the administration's pick, John Sarcone, was found to be unlawfully serving in the role. However, Kinsella was immediately fired by the Justice Department, with Deputy Attorney General Todd Blanche announcing his dismissal on social media, stating 'Judges don't pick U.S. Attorneys, the president does.'

  • On Wednesday, Donald Kinsella was appointed by judges to be the U.S. attorney for northern New York.
  • Also on Wednesday, Kinsella was immediately fired by the Justice Department.

The players

Donald Kinsella

A lawyer appointed by judges to be the U.S. attorney for northern New York, but was immediately fired by the Justice Department after less than a day in the position.

Todd Blanche

The Deputy Attorney General who announced Kinsella's firing on social media.

John Sarcone

The Trump administration's pick to lead the U.S. Attorney's Office for the Northern District of New York, who was found to be unlawfully serving in the position.

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What they’re saying

“'Judges don't pick U.S. Attorneys,' the president does, Blanche wrote, adding, 'You are fired, Donald Kinsella.'”

— Todd Blanche, Deputy Attorney General (Twitter)

What’s next

It is unclear who will now be supervising the U.S. Attorney's Office for the Northern District of New York, as the administration's pick John Sarcone was found to be unlawfully serving in the position.

The takeaway

This incident underscores the ongoing power struggle between the executive and judicial branches over the appointment of top federal prosecutors, with the Trump administration seeking to exert greater control over these positions despite court rulings against its actions.