White House Fires Newly Sworn-In Federal Prosecutor

Interim U.S. Attorney dismissed just 5 hours after taking oath of office

Published on Feb. 12, 2026

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The White House fired a newly sworn-in federal prosecutor in New York's Northern District just 5 hours after he was appointed and sworn in by a federal judge. Donald T. Kinsella, a Republican with over 50 years of prosecutorial experience, was dismissed by Deputy Attorney General Todd Blanche who claimed that the President, not judges, has the authority to appoint U.S. Attorneys under the Constitution.

Why it matters

This move by the White House raises concerns about political interference in the Department of Justice and the independence of federal prosecutors. It also highlights ongoing tensions between the executive and judicial branches over the appointment process for U.S. Attorneys.

The details

Kinsella was appointed by a panel of judges to serve as an interim U.S. Attorney in the Northern District of New York, replacing the previous U.S. Attorney whose term had expired. He was sworn in during a virtual ceremony just hours before being dismissed by the Deputy Attorney General, who stated that the President, not judges, has the authority to appoint U.S. Attorneys under Article II of the Constitution.

  • On February 12, 2026, Donald T. Kinsella was sworn in as interim U.S. Attorney for the Northern District of New York.
  • Just 5 hours after his swearing-in, Kinsella was fired by the White House.

The players

Donald T. Kinsella

A Republican with over 50 years of experience as a prosecutor, including as an assistant U.S. Attorney in Albany and a lawyer for the Organized Crime Drug Enforcement Task Force, who was appointed by a panel of judges to serve as interim U.S. Attorney for the Northern District of New York.

Todd Blanche

The Deputy Attorney General who announced Kinsella's dismissal, claiming that the President, not judges, has the authority to appoint U.S. Attorneys under the Constitution.

Brenda K. Sannes

The Chief Judge who virtually swore in Kinsella as the interim U.S. Attorney just hours before his dismissal.

John A. Sarcone III

The previous U.S. Attorney for the Northern District of New York whose term had expired, leading to Kinsella's interim appointment.

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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 (X)

What’s next

It is unclear whether Kinsella's dismissal will be challenged in court, as the announcement of his appointment was still live on the court's website at the time of his firing.

The takeaway

This incident highlights the ongoing tensions between the executive and judicial branches over the appointment process for U.S. Attorneys, and raises concerns about potential political interference in the independence of federal prosecutors.