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. 13, 2026

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The U.S. Department of Justice has fired Donald Kinsella, who was just 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 Justice Department 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 dispute 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 Justice Department's adherence to established laws and procedures around U.S. attorney vacancies.

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 White House Presidential Personnel Office head Dan Scavino also told Kinsella to "check your email."

  • On February 13, 2026, a court appointed Donald Kinsella as the new U.S. attorney for Northern New York.
  • Just hours after Kinsella's appointment, the DOJ fired him on February 13, 2026.

The players

Donald Kinsella

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

Todd Blanche

The Deputy Attorney General who fired Donald Kinsella just hours after his appointment.

Dan Scavino

The head of the White House Presidential Personnel Office who told Kinsella to "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 the appointment of U.S. attorneys is likely to continue, with the Justice Department and the courts continuing to clash over the constitutional powers to make these appointments.

The takeaway

This case highlights the broader power struggle between the executive and judicial branches over the appointment of federal prosecutors, raising concerns about the Justice Department's adherence to established laws and procedures around U.S. attorney vacancies.