Top US Prosecutor Ousted After Judges Appoint Him

Donald Kinsella spent less than a day as U.S. Attorney for northern New York before being dismissed by the Justice Department.

Published on Feb. 13, 2026

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A lawyer appointed by 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 he was dismissed earlier this week.

Why it matters

This case highlights the ongoing power struggle between the executive and judicial branches over the appointment of U.S. Attorneys, with the Trump administration seeking to exert more control over these positions. It also raises questions about the lawful process for filling vacancies in U.S. Attorney offices.

The details

Kinsella was appointed by federal judges to fill the U.S. Attorney vacancy in the Northern District of New York, but Deputy Attorney General Todd Blanche announced his firing on social media, stating 'Judges don't pick U.S. Attorneys, the president does.' The judges had acted under their legal authority in appointing Kinsella, but the Justice Department immediately dismissed him. This comes after 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.

  • On Tuesday, John Sarcone changed his title to 'first assistant U.S. attorney'.
  • On Wednesday, federal judges in the district tried to fill the apparent vacancy by appointing Donald Kinsella.
  • Earlier this week, Kinsella was dismissed from the position after less than a day.

The players

Donald Kinsella

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

Todd Blanche

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

John Sarcone

President Donald Trump's pick to lead the U.S. Attorney's office for the Northern District of New York, who has been serving in the position unlawfully according to court rulings.

Letitia James

The New York Attorney General who was the subject of an investigation by Sarcone while he was serving unlawfully as U.S. Attorney.

James Comey

The former FBI Director who was also the subject of an investigation by Sarcone while he was serving unlawfully as U.S. Attorney.

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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 (Social media)

“The Court thanks Donald T. Kinsella for his willingness to return to public service so that this vacancy could be filled with a qualified, experienced former prosecutor, and for his years of distinguished work on behalf of the citizens of the Northern District of New York.”

— The District Court Judges (Court statement)

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 legal battle over the appointment process continues.

The takeaway

This case highlights the ongoing power struggle between the executive and judicial branches over the appointment of U.S. Attorneys, with the Trump administration seeking to exert more control over these positions in ways that have been ruled unlawful by the courts.