President Donald Trump’s White House fired a federal prosecutor just five hours after he was sworn in by a federal judge, in a sudden move that has raised questions about how interim U.S. attorneys are selected and removed.
The prosecutor, Donald T. Kinsella, 78, had been appointed by a panel of judges to serve as interim U.S. Attorney for the Northern District of New York. His appointment came just one day after the term of the current U.S. Attorney, John A. Sarcone III, expired. Kinsella is a Republican and was sworn in during a virtual ceremony conducted by Chief Judge Brenda K. Sannes, according to The Times Union.
Kinsella’s selection appeared to be based on his extensive background in law enforcement and federal prosecution. He has more than 50 years of experience, including work as an assistant U.S. attorney in Albany. He also served as a lawyer for the Organized Crime Drug Enforcement Task Force, a role that typically involves handling complex cases tied to drug trafficking and criminal networks.
Despite his long resume, the Trump administration quickly rejected the judicial appointment. Deputy Attorney General Todd Blanche publicly announced Kinsella’s removal in a post on X, arguing that the president alone has the authority to choose who serves as a U.S. attorney.
“Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella,” Blanche posted.
The statement suggested that the administration viewed Kinsella’s appointment as invalid or inappropriate because it was not made directly by Trump. The firing, however, has sparked uncertainty about whether the move will face legal pushback. Under federal law, judicial panels can appoint interim U.S. attorneys under certain circumstances, particularly when vacancies arise, and a permanent replacement has not yet been confirmed.
It remains unclear whether Kinsella will challenge the decision in court or whether the appointment itself could become the subject of a broader legal dispute. Observers also pointed out that there were signs the court had not immediately withdrawn its recognition of the appointment.
LawFare Senior Editor Anna Brewer reported that the official announcement of Kinsella’s appointment was still posted on the court’s website at the time Blanche declared him “fired,” suggesting the situation may not have been fully resolved behind the scenes.
The rapid reversal leaves open questions about leadership in the Northern District of New York and how quickly the White House will move to install its preferred candidate.
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