Trump Administration Abruptly Dismisses Newly Appointed US Attorney
In a dramatic political development, the Trump administration fired a freshly appointed US Attorney on Wednesday evening, less than five hours after he was sworn into office by federal judges.
Donald Kinsella, a 79-year-old veteran prosecutor, received his dismissal email from White House personnel office special assistant Morgan Dewitt shortly after participating in a private virtual swearing-in ceremony with Chief Judge Brenda K Sannes earlier that day.
Constitutional Clash Over Appointment Authority
Deputy Attorney General Todd Blanche immediately took to social media to justify the administration's action, writing: "Judges don't pick U.S. Attorneys, POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella."
Kinsella told The New York Times he was uncertain whether his removal was legal and planned to consult with Northern District judges about potential next steps. The veteran prosecutor had been selected to replace John A Sarcone III, whose own appointment had become mired in controversy.
Background of the Controversial Replacement
Sarcone had been appointed to the position on an interim basis last year by Attorney General Pam Bondi, bypassing the traditional presidential nomination process that requires Senate confirmation. However, a judge ruled in January that Sarcone's 210-day term under the Federal Vacancies Reform Act had actually expired the previous July, meaning he had been serving unlawfully.
This marked the same fate that befell Trump allies Alina Habba in New Jersey and Lindsey Halligan in Virginia, who were also found to have unlawfully outstayed their interim appointments.
Sarcone had no prior prosecutorial experience before taking office and had clashed with judges since they declined to appoint him permanently last summer. The situation became particularly embarrassing when Sarcone told a television news station three days before the judges' decision that he had extended his tenure.
Judicial Response and Administrative Maneuvering
The judges responded with a short statement announcing they would not appoint anyone to the position, declining to "exercise the authority granted pursuant to (U.S. Code) to appoint a United States attorney for the Northern District of New York."
Bondi countered by naming Sarcone a "special attorney to the United States attorney general," effectively enabling his return to the role through administrative channels.
Wednesday's dramatic events unfolded as Sarcone awaited a ruling on his office's request for a stay in the January decision against him. According to The Times Union, his next moves remain unclear, though he is expected to remain with the Department of Justice in some capacity.
Kinsella's Distinguished Legal Career
Donald Kinsella brings substantial legal experience to the brief role he held. A graduate of Boston University School of Law, he began his career as an assistant state attorney general and assistant district attorney in Monroe County, New York.
From 1989 to 2002, Kinsella served as an assistant US attorney in Albany, where he worked as chief of the office's criminal division and led its Organized Crime Drug Enforcement Task Force. Following his government service, he worked for several law firms, most recently as senior counsel at Whiteman Osterman & Hanna LLP.
The rapid sequence of events highlights ongoing tensions between judicial appointments and executive authority within the federal justice system, particularly concerning interim positions that bypass traditional confirmation processes.
