Top Federal Prosecutor Ousted After Judges Appoint Him

Clash between Trump administration and judiciary over selection of U.S. attorneys continues

Published on Feb. 12, 2026

A lawyer appointed by federal judges to be the U.S. attorney for northern New York was immediately fired by the Justice Department, the latest clash 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 being dismissed on Wednesday by Deputy Attorney General Todd Blanche, who stated "Judges don't pick U.S. Attorneys, the president does."

Why it matters

This incident highlights the ongoing tensions between the executive and judicial branches over the selection of U.S. attorneys, with the Trump administration seeking to exert more control over the process. It also raises questions about the independence of the Justice Department and the role of the courts in overseeing federal prosecutions.

The details

Kinsella was appointed to the position by federal judges after the Trump administration's pick, John Sarcone, was found to be unlawfully serving in the role. Sarcone had stayed on past the 120-day limit for interim U.S. attorneys, and a judge recently ruled that any of his actions in the position were "void or voidable." The Justice Department's dismissal of Kinsella less than a day after his appointment is seen as an assertion of the administration's authority over U.S. attorney selections.

  • On Wednesday, Donald Kinsella was appointed by federal judges to be the U.S. attorney for northern New York.
  • Also on Wednesday, Kinsella was immediately fired from the position by Deputy Attorney General Todd Blanche.

The players

Donald Kinsella

A lawyer appointed by federal judges to be the U.S. attorney for northern New York, but was immediately fired from the position by the Justice Department.

Todd Blanche

The Deputy Attorney General who announced the firing of Donald Kinsella, stating "Judges don't pick U.S. Attorneys, the president does."

John Sarcone

The Trump administration's pick to lead the U.S. attorney's office for northern New York, who was found to be unlawfully serving in the position after his 120-day term elapsed.

Got photos? Submit your photos here. ›

What they’re saying

“Judges don't pick U.S. Attorneys, the president does. 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 northern New York, as the administration's pick John Sarcone was found to be unlawfully serving in the role and has now changed his title to "first assistant U.S. attorney."

The takeaway

This incident underscores the ongoing power struggle between the executive and judicial branches over the selection of top federal prosecutors, with the Trump administration seeking to exert more control over the process. It raises concerns about the independence of the Justice Department and the ability of the courts to provide oversight of federal prosecutions.