Hours after federal judges appointed him as the new top federal prosecutor in New York, the White House summarily informed Donald Kinsella he was fired.
The new U.S. attorney in New York’s Northern District was appointed Wednesday in what CBS News described as a “somewhat unusual move” by federal judges who “cited a law that allows judges to temporarily name people to that job if the role becomes vacant because an interim U.S. attorney’s term has expired.”
The appointment came after other judges last month decided that acting U.S. Attorney for the Northern District of New York, John Sarcone, should not have the interim role extended, leaving the position open. On Wednesday, hours after being appointed to fill the position, Kinsella said he was informed through a White House email that he was removed from the post.
(Video Credit: CBS6 Albany)
“Reached by phone on Wednesday evening, Mr. Kinsella said that he did not yet know whether the White House email carried the force of law. He said he would discuss the matter with the district judges in the morning and go from there,” the New York Times reported.
Deputy Attorney General Todd Blanche left no room for speculation as he responded to a social media post by the TimesUnion reporter who wrote on the story.
“Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution,” Blanche wrote. “You are fired, Donald Kinsella.”
Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella. https://t.co/XUYRgaqG2T
— Todd Blanche (@DAGToddBlanche) February 12, 2026
After Sarcone’s interim U.S. attorney post was not extended following the 120-day limit, Attorney General Pam Bondi named President Donald Trump’s former campaign attorney as first assistant U.S. attorney in the Northern District “so that, under federal law, he could continue to lead the office by serving as acting U.S. attorney. Bondi also named Sarcone to the role of ‘special attorney’ and gave him the power of a U.S. attorney,” according to CBS News.
“Last month, U.S. District Judge Lorna Schofield ruled that Bondi’s maneuver wasn’t permitted under the laws governing vacancies in U.S. attorneys’ offices, finding Sarcone ‘is not lawfully serving as Acting U.S. Attorney,'” the outlet reported. “The judge also barred Sarcone from overseeing an investigation into New York Attorney General Letitia James and quashed two subpoenas issued in that probe.”
James reportedly challenged Sarcone’s authority to authorize subpoenas.
“Mr. Sarcone’s service was and is unlawful because it bypassed the statutory requirements that govern who may exercise the powers of a U.S. Attorney,” Schofield wrote.
The Justice Department filed an appeal with the U.S. Court of Appeals for the Second Circuit last month.
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Originally from New York, Powers graduated from New York University and eventually made her way to sunny South Florida. Powers also contributes to BizPac Review.
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