US attorney in New York appointed by judges is quickly fired by White House

A U.S. attorney who was appointed by federal judges in New York was quickly fired by the White House.

On Wednesday, Donald T. Kinsella, 79, was appointed as U.S. attorney for the Northern District of New York in a private ceremony, The New York Times reported. Then, Kinsella said, he received an email from a White House official hours later, telling him that he was being removed from the post.

Kinsella told The Times that he did not yet know whether the White House email carried the force of law, and that he would discuss it with the district judges in the morning and go from there.

Before Kinsella's appointment, the Trump administration had suggested it would fire any prosecutor chosen by district judges. It is unclear whether there is any recourse for the Northern District judges.

"Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella," Deputy Attorney General Todd Blanche posted on X on Wednesday.

Kinsella is a former criminal chief of the U.S. attorney’s office for the Northern District of New York, which prosecutes crime in cities such as Albany, Syracuse, and Utica.

He was to replace John A. Sarcone III, whom a judge found last month to be serving in the position unlawfully. Sarcone dropped the title of acting U.S. attorney this week, as his 210-day term had expired, and his office’s website now lists him as first assistant, typically the title of a U.S. attorney’s top deputy.

Senate Minority Leader Chuck Schumer criticized Kinsella’s firing.

“Everyone knows Trump only cares about one quality in a U.S. attorney: complete political subservience,” Schumer said. “The people of upstate New York deserve a qualified, independent prosecutor, not another political loyalist.”