In a significant development highlighting the ongoing tension between the Executive Branch and the judicial system, the Department of Justice (DOJ) recently dismissed a newly appointed U.S. attorney just hours after his selection by a panel of federal judges. This action underscores the Trump administration’s commitment to upholding the Constitution’s separation of powers and ensuring the President’s authority in enforcing federal law.
Donald T. Kinsella, a 79-year-old attorney with a background as a federal prosecutor, was chosen by judges in the Northern District of New York to temporarily lead the U.S. Attorney’s office. However, the White House swiftly responded to the appointment with an email notifying Kinsella of his dismissal.
Deputy Attorney General Todd Blanche later confirmed the decision with a clear statement emphasizing the President’s constitutional authority in such appointments. Blanche stated, “Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”
This incident reflects the Trump administration’s firm belief in the President’s role as the chief executive, responsible for appointing and removing officials who enforce federal laws. The administration argues that allowing the judiciary to make such appointments would undermine the balance of power established by the Constitution.
The judges in Albany based their appointment on a federal statute (28 U.S.C. § 546(d)), which they interpreted as granting district courts the power to fill a U.S. Attorney vacancy when an interim appointment by the Attorney General expires without Senate confirmation.
The vacancy arose after John A. Sarcone III, previously serving in the role, was deemed ineligible by a court in January. The court argued that the administration had used “procedural maneuvers” to circumvent the 120-day limit on interim appointments, leading to Sarcone’s disqualification.
Prior to his disqualification, Sarcone was leading an investigation into New York Attorney General Letitia James, a vocal critic of President Trump. James was indicted on federal charges by a grand jury in the Eastern District of Virginia in October 2025.
The situation in New York is not an isolated instance. The Trump administration has faced similar challenges in other districts. In the Eastern District of Virginia, a judge rejected indictments brought by Lindsey Halligan, an interim prosecutor approved by the Trump administration, citing the invalidity of her appointment. Additionally, courts in New Jersey blocked the appointment of Alina Habba, a former personal lawyer for the President.
While the law allows judges to make appointments in the event of a vacancy, the Constitution clearly grants the President the authority to remove executive officers. This raises questions about the proper balance between the powers of the judicial and executive branches.
The judges of the Northern District of New York expressed gratitude to Kinsella for his willingness to serve. It remains to be seen whether they will attempt to appoint another replacement.
Sources suggest that the DOJ may reassign Sarcone to a different role or appoint a new interim prosecutor who is more aligned with the administration’s policy objectives. Such a move could potentially lead to a Supreme Court review, further clarifying the scope of presidential authority in these matters.
This situation highlights the ongoing debate about the separation of powers and the role of the President in ensuring that federal laws are enforced effectively and consistently. The Trump administration’s actions demonstrate its commitment to upholding the Constitution and defending the President’s authority in the face of challenges from the judiciary. The administration emphasizes that an elected president should have the authority to appoint officials that share his administration’s goals and values.
