Judges Overrule Trump Ally, Appoint New U.S. Attorney in Letitia James Case

The Department of Justice is outraged after a New York district court appointed a successor for one of its acting U.S. attorneys, deemed 'not lawfully serving' by the court.

Published on Feb. 14, 2026

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A New York district court stirred controversy by appointing a successor for John Sarcone, one of the Department of Justice's acting U.S. attorneys, who was deemed 'not lawfully serving' by the court. The judge ruled that Sarcone had 'used authority he did not lawfully possess' when issuing subpoenas directed at New York Attorney General Letitia James' office as part of a criminal investigation. The DOJ has sought a stay of that ruling pending appeal, asserting that Sarcone is lawfully serving by virtue of his titles of special attorney and first assistant U.S. attorney.

Why it matters

This case highlights the ongoing power struggle between the Department of Justice and the courts over the appointment of U.S. attorneys. The courts have repeatedly ruled against the DOJ's attempts to bypass the Senate confirmation process and install Trump-allied prosecutors, raising questions about the limits of executive authority and the role of the judiciary in overseeing federal law enforcement.

The details

The judge ruled that Sarcone, who had been asserting his role as the acting chief prosecutor through the position of first assistant U.S. attorney, continued his duties even after the court invalidated his grand jury subpoenas directed at Letitia James' office. The court cited 28 U.S. Code § 546(d) to name Donald Kinsella the new U.S. attorney, pointing to his 'more than 50 years of experience in complex criminal and civil litigation' and his time as the criminal chief of the office.

  • On January 8, 2026, Senior U.S. District Judge Lorna Schofield ruled that Sarcone's appointment was unlawful and that the subpoenas he had issued had to be quashed.
  • On February 11, 2026, Kinsella was sworn in as the new United States Attorney for the Northern District of New York in a private ceremony.

The players

John Sarcone

An acting U.S. attorney who was deemed 'not lawfully serving' by the court, and who had been pursuing criminal grand jury subpoenas of Letitia James' office as part of a DOJ investigation.

Donald Kinsella

The new U.S. attorney appointed by the court, with more than 50 years of experience in complex criminal and civil litigation and time as the criminal chief of the office.

Letitia James

The New York Attorney General whose office was the target of the criminal grand jury subpoenas issued by Sarcone.

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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

The Department of Justice is seeking a stay of the ruling that invalidated Sarcone's appointment, pending an appeal.

The takeaway

This case highlights the ongoing tension between the executive and judicial branches over the appointment of U.S. attorneys, with the courts asserting their authority to oversee federal law enforcement and ensure that appointments are made lawfully, even in the face of opposition from the Department of Justice.