On Wednesday, federal judges in New York's Northern District appointed Donald Kinsella, a 79-year-old former federal prosecutor with over 50 years of litigation experience, as U.S. attorney in a private ceremony. Kinsella was appointed to replace John Sarcone, who had been serving in the role but was found by a federal judge in January to be serving unlawfully after the Justice Department used procedural maneuvers to keep him in the position beyond his statutory 120-day term.
Hours after Kinsella's appointment, he received an email from a White House official informing him of his removal. Deputy Attorney General Todd Blanche announced the firing on social media, stating "Judges don't pick U.S. Attorneys, @POTUS does" and "You are fired, Donald Kinsella." As of Thursday, it remained unclear who was supervising the office, though Sarcone appeared to still be listed on the office's website as "First Assistant U.S. Attorney."
The judges invoked 28 U.S.C. § 546(d), a federal statute that allows district courts to appoint a U.S. attorney when an interim appointee's term expires and no Senate-confirmed nominee is in place. Sarcone is one of at least five Trump administration appointees found by federal judges to be serving unlawfully in U.S. attorney positions, including Alina Habba in New Jersey and Lindsey Halligan in Virginia, both of whom have since left their posts. The Justice Department is appealing multiple rulings and argues the president has constitutional authority to appoint prosecutors.
