Judges Invoke Authority to Replace Trump Loyalist Probing Letitia James

The district court's announcement of John Sarcone's replacement led to a swift "you are fired" post from the DOJ and a standoff reminiscent of a previous case.

Published on Feb. 12, 2026

Got story updates? Submit your updates here. ›

A district court in New York set the Trump administration off by naming the replacement for one of the DOJ's "not lawfully serving" acting U.S. attorneys, John Sarcone, who had been pursuing criminal grand jury subpoenas of New York Attorney General Letitia James' office. The court cited federal law in appointing Donald Kinsella to replace Sarcone, but the DOJ reacted swiftly, with the Deputy Attorney General posting on social media that "Judges don't pick U.S. Attorneys, @POTUS does."

Why it matters

This case highlights the ongoing tensions between the executive and judicial branches over the appointment of U.S. Attorneys, with the Trump administration asserting broad presidential powers and the courts invoking their own statutory authority to make such appointments. It also reflects the DOJ's aggressive pursuit of investigations into Democratic officials like Letitia James, which has faced pushback from the courts.

The details

John Sarcone, a Trump loyalist with little prosecutorial experience, was appointed as an interim U.S. Attorney by Attorney General Pam Bondi, sidestepping the Senate confirmation process. When Sarcone's 120-day interim stint was set to expire, a federal court declined to appoint him, leading Bondi to keep Sarcone in the role by also naming him a "Special Attorney to the Attorney General" and first assistant U.S. attorney. However, a judge later ruled that Sarcone was "not lawfully serving" and quashed subpoenas he had issued to Letitia James' office as part of a criminal investigation. The court then invoked its own statutory authority to appoint Donald Kinsella as the new U.S. Attorney, prompting a swift rebuke from the DOJ.

  • On January 8, 2026, a judge ruled that Sarcone was "not lawfully serving" as acting U.S. Attorney and quashed the subpoenas he had issued.
  • On February 11, 2026, the court appointed Donald Kinsella as the new U.S. Attorney for the Northern District of New York in a private ceremony.

The players

John Sarcone III

A Trump loyalist who was appointed as an interim U.S. Attorney by Attorney General Pam Bondi, despite lacking prosecutorial experience and being ruled as "not lawfully serving" in the role.

Donald Kinsella

The new U.S. Attorney for the Northern District of New York, appointed by the district court to replace Sarcone.

Letitia James

The Democratic Attorney General of New York, whose office was the target of criminal grand jury subpoenas issued by Sarcone as part of a DOJ investigation.

Pam Bondi

The former Attorney General who appointed Sarcone as an interim U.S. Attorney, sidestepping the Senate confirmation process.

Todd Blanche

The Deputy Attorney General who reacted swiftly to the court's appointment of Kinsella, posting on social media that "Judges don't pick U.S. Attorneys, @POTUS does."

Got photos? Submit your photos here. ›

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 (X)

What’s next

The DOJ is expected to appeal the court's ruling that Sarcone was "not lawfully serving" and the decision to appoint Kinsella as the new U.S. Attorney.

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 asserting broad presidential powers and the courts invoking their own statutory authority to make such appointments. It also reflects the DOJ's aggressive pursuit of investigations into Democratic officials, which has faced pushback from the courts.