OAN Staff Brooke Mallory
4:25 PM – Friday, February 13, 2026
In a dramatic escalation of the power struggle between the White House and the federal judiciary, the Department of Justice (DOJ) fired a newly appointed U.S. attorney on Wednesday, just five hours after he was selected by a panel of federal judges.
The appointee, Donald T. Kinsella, a 79-year-old litigator and former federal prosecutor, was named by judges of the Northern District of New York to lead the office in an interim capacity.
Kinsella’s tenure began and ended on Wednesday. After a private swearing-in ceremony in Albany, the White House responded with a swift dismissal delivered via email.
Deputy Attorney General Todd Blanche also later confirmed the firing in a blunt post on social media.
“Judges don’t pick U.S. Attorneys, @POTUS does,” Blanche wrote. “See Article II of our Constitution. You are fired, Donald Kinsella.”
The move reflects the Trump administration’s defense of the Constitution’s separation of powers, asserting that executive authority rests with the president — not the judiciary — and that only the elected U.S. Commander-in-Chief can hire or remove officials enforcing federal law.
The judges in Albany acted under a rarely invoked federal statute (28 U.S.C. § 546(d)), which they argue empowers district courts to appoint a U.S. attorney to fill a vacancy if an interim appointment by the attorney general expires without a Senate-confirmed successor.
The vacancy arose after John A. Sarcone III, a former campaign attorney, was disqualified by a court in January. Judge Lorna Schofield ruled that Sarcone had been “serving unlawfully” for months after the administration allegedly used “procedural maneuvers” to bypass the 120-day limit on interim appointments.
Before his disqualification, Sarcone had been leading an investigation into New York Attorney General Letitia James, a prominent critic of President Trump. In October 2025, James was indicted on federal charges by a grand jury in the Eastern District of Virginia.
The standoff in New York is not an isolated incident, as the GOP administration has faced similar judicial rebukes in other “progressive” districts as well.
In the Eastern District of Virginia, a judge recently tossed out indictments brought by Lindsey Halligan, a Trump-approved interim prosecutor, after ruling her appointment “invalid.” In New Jersey, courts also blocked the appointment of Alina Habba, a former personal lawyer for the president.
While the law allows judges to appoint in a vacancy, Article II of the Constitution does in fact grant the president the power to remove executive officers.
What Happens Next
The judges of the Northern District of New York released a brief statement thanking Kinsella for his “willingness to return to public service,” but they have not yet announced if they will attempt to name another replacement.
Sources say the DOJ is expected to reassign Sarcone under a different designation or name a new interim prosecutor more closely aligned with the administration’s policy priorities — an approach that could ultimately prompt a Supreme Court review.
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