The Trump administration removed Donald T. Kinsella as U.S. attorney for the Northern District of New York on the same day federal judges selected and swore him into the role, triggering a fresh dispute over who can fill vacant U.S. attorney posts when the Senate has not confirmed a nominee.
Kinsella fired after court appointment
A board of judges for the U.S. District Court for the Northern District of New York announced that Kinsella had been appointed and sworn in on Wednesday to serve as U.S. attorney for the district. By the end of that day, the court said Kinsella was notified that he had been removed from the position.
Deputy Attorney General Todd Blanche addressed the move publicly in a post on X, writing that judges do not pick U.S. attorneys and asserting that the president does, adding: “You are fired, Donald Kinsella.”
Court cites federal statute for appointment power
In a statement issued Thursday, the Northern District of New York said the position was vacant and that it acted under 28 U.S.C. § 546(d), which allows a district court to appoint a U.S. attorney “until the vacancy is filled.” The court also referenced the Constitution’s Appointments Clause as permitting Congress to vest certain appointments in “the Courts of Law.”
The statement said Kinsella was informed of his removal by Morgan DeWitt Snow, identified as deputy director of presidential personnel, and that no explanation was provided.
Dispute follows ruling on prior acting U.S. attorney
Kinsella had been tapped to succeed John A. Sarcone III after a federal judge ruled that Sarcone was unlawfully serving as acting U.S. attorney beyond statutory limits tied to interim appointments, according to ABC News.
Fox News reported that the White House was contacted for comment.
The episode leaves uncertainty over who is authorized to lead the Northern District of New York office while the vacancy remains unresolved.