Top US Prosecutor Appointed by Judges Immediately Ousted

The Justice Department fired Donald Kinsella just a day after he was appointed as the U.S. Attorney for Northern New York

Published on Feb. 12, 2026

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In a clash between the Trump administration and the judiciary, a lawyer appointed by federal judges to be the U.S. Attorney for the Northern District of New York was immediately fired by the Justice Department. Donald Kinsella spent less than a day in the position before being dismissed, with the Deputy Attorney General stating that '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 process for selecting top federal prosecutors. 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.

The details

Kinsella was appointed by federal judges to the U.S. Attorney position for Northern New York on Wednesday, but was fired by the Justice Department the very next day. The administration's pick for the role, John Sarcone, had been serving as an interim U.S. Attorney despite judges in the district declining to keep him in the post after his initial 120-day term elapsed. Sarcone then changed his title to 'First Assistant U.S. Attorney' in an apparent attempt to remain in the position.

  • On Wednesday, federal judges in the Northern District of New York appointed Donald Kinsella as the new U.S. Attorney.
  • On Thursday, less than a day after his appointment, Kinsella was fired by the Justice Department.

The players

Donald Kinsella

A lawyer appointed by federal judges to be the U.S. Attorney for the Northern District of New York, but was immediately fired by the Justice Department.

Todd Blanche

The Deputy Attorney General who announced Kinsella's firing, stating that '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 the Northern District of New York, who had been serving as an interim U.S. Attorney despite judges in the district declining to keep him in the post.

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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 the Northern District of New York.

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 despite court rulings against its actions.