DOJ Fires Newly Appointed U.S. Attorney in Northern New York

The ongoing battle over who has the right to select U.S. attorneys takes another turn.

Published on Feb. 12, 2026

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The Justice Department has fired Donald Kinsella, who was recently appointed by a court to lead the U.S. attorney's office in Northern New York. This is the latest development in the ongoing battle over who has the authority to select U.S. attorneys, with the DOJ appointing a series of acting attorneys general despite laws that don't allow those positions to be filled by consecutive interim nominees without Senate confirmation or judicial appointment.

Why it matters

The fight over U.S. attorney appointments highlights the ongoing tensions between the executive and judicial branches over the constitutional powers to appoint federal prosecutors. It also raises questions about the DOJ's adherence to laws governing the appointment process for U.S. attorneys.

The details

After the DOJ's appointment of acting U.S. Attorney John Sarcone III ran out, a court on Wednesday appointed Donald Kinsella to lead the U.S. attorney's office in the Northern New York district. However, just hours after Kinsella's appointment, Deputy Attorney General Todd Blanche fired him. Blanche tweeted that "Judges don't pick U.S. Attorneys. @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella." The head of the White House Presidential Personnel Office, Dan Scavino, also tweeted that Kinsella should "check your email."

  • On February 12, 2026, a court appointed Donald Kinsella to lead the U.S. attorney's office in Northern New York.
  • Hours after Kinsella's appointment, the DOJ fired him.

The players

Donald Kinsella

An individual who was appointed by a court to lead the U.S. attorney's office in Northern New York, but was then fired by the DOJ just hours later.

Todd Blanche

The Deputy Attorney General who fired Donald Kinsella shortly after his court-ordered appointment.

Dan Scavino

The head of the White House Presidential Personnel Office who tweeted that Kinsella should "check your email" after his firing.

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What they’re saying

“Judges don't pick U.S. Attorneys. @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”

— Todd Blanche, Deputy Attorney General (Twitter)

“Check your email.”

— Dan Scavino, Head of White House Presidential Personnel Office (Twitter)

What’s next

The ongoing legal battle over U.S. attorney appointments is likely to continue, with the DOJ and the courts continuing to clash over the constitutional authority to select federal prosecutors.

The takeaway

This case highlights the broader power struggle between the executive and judicial branches over the appointment of U.S. attorneys, raising concerns about the DOJ's adherence to laws governing the process and the potential for further legal challenges.