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Turbulence in court system develops after Obama appointee finds way to disqualify Trump pick

By Bob Unruh

President Donald Trump delivers an economic speech at the Horizon Events Center in Clive, Iowa on Tuesday, Jan. 27, 2026. (Official White House photo by Molly Riley)

Federal judges have ruled several times that President Donald Trump’s appointees to be U.S. attorneys can’t hold those positions.

They’ve cited nominating procedures, time frames and more to in order to kick to the roadside those chosen, as provided by the Constitution, by the president.

Courts are allowed to pick a U.S. attorney only in certain cases where the position is vacant.

Now the simmering dispute has erupted into outright warfare, with judges in the northern district of New York on Wednesday appointing Donald Kinsella to the post, only to have the White House, within hours, announce he was relieved of his position.

Politico pointed out the extent of the problem: “In districts across the country, courts have rebuffed the Trump administration’s efforts to install and keep favored prosecutors in U.S. attorney jobs. In New Jersey, Trump loyalist Alina Habba left her post after an appeals court upheld her disqualification. In several other districts, the administration is fighting rulings deeming its U.S. attorney picks illegal.”

In this case, Kinsella, who expressed uncertainty whether he actually had the job or not, was named to replace John Sarcone III, who had been disqualified by a judge recently after the Trump administration used a procedural option to allow him to stay beyond a 120-day temporary term.

At the time, it was noted that the removal of Sarcone apparently unraveled his investigation into New York Attorney General Letitia James, who has been accused of a long list of misbehaviors including mortgage fraud.

James, of course, is the political attack dog who repeatedly has gone after Trump, after campaigning on the evidence-free claim that she would “get” him. She later worked with a New York judge to try to impose a half a billion dollar penalty on Trump, which was tossed by an appeals court as completely unconstitutional.

In the order removing Sarcone, Lorna Schofield, a judge appointed by Barack Obama, claimed the Trump appointees were prosecuting “political adversaries.”

In fact, the Obama administration weaponized the entirety of the federal government to launch repeated lawfare cases against Trump, including claims about government documents, election influences, and more. They extended even to having organized crime charges filed against the president and his associates – cases that disappeared as Trump took office for his second term.

The conflict, according to Resist the Mainstream, underscores “tensions between the executive branch and federal courts over control of top federal prosecutors.”

When Sarcone’s temporary appointment ended, the local judges who opposed him and his work refused to extend his term.

Then Attorney General Pam Bondi then named Sarcone first assistant U.S. attorney and “special attorney” to allow him to continue exercising U.S. attorney powers.

Then Schofield struck that down.

The report said, “This Northern District clash is part of a broader judicial pattern. Federal courts in New Jersey, California, Virginia, and Nevada have similarly challenged Trump administration interim appointments, effectively blocking the president’s choices for top prosecutors. Critics argue the administration bypassed Senate confirmation requirements, while DOJ officials maintain the president and attorney general hold legal authority to select U.S. attorneys.”

The comments continued, “Conservative commentators note that these judicial interventions reflect a troubling trend of unelected judges undermining the executive branch, even in law enforcement appointments. Several Trump-appointed interim U.S. attorneys faced similar roadblocks, raising questions about separation of powers and the proper limits of judicial authority over executive offices.”

It warned, “The episode underscores a conservative concern: federal judges repeatedly interfering with the president’s constitutional authority, even in key law enforcement positions, creating confusion and instability in federal prosecutions.”

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