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By Open Chronicle Staff with Agencies | Thursday, February 12, 2026
ALBANY, N.Y. – In a dramatic escalation of the ongoing conflict between the Trump administration and the federal judiciary, the Department of Justice late Wednesday fired a veteran prosecutor just hours after a panel of federal judges had appointed him to lead the U.S. Attorney’s Office for the Northern District of New York.
The dismissal of Donald T. Kinsella marks the latest flashpoint in a month-long battle over the legality of the administration’s temporary prosecutorial appointments. Deputy Attorney General Todd Blanche announced the move with a blunt message on social media, writing: “You are fired, Donald Kinsella. Judges don’t pick U.S. Attorneys, [the president] does.”
A Judicial Intervention
The conflict began earlier on Wednesday when judges in the Albany-based district took the rare step of swearing in Kinsella, a former prosecutor, to lead the office. The judges cited a federal law that allows them to name a temporary leader when a U.S. Attorney position becomes vacant because an interim appointee’s term has expired.
The vacancy was created last month when U.S. District Judge Lorna Schofield ruled that John Sarcone, a former campaign attorney for President Trump, was serving in the role unlawfully. Sarcone had been serving as “Acting” U.S. Attorney via a maneuver by Attorney General Pam Bondi, who had appointed him to a lower-level role to bypass the 120-day limit on interim appointments. Judge Schofield’s ruling not only invalidated Sarcone’s status but also quashed two subpoenas issued in an investigation Sarcone was leading into New York Attorney General Letitia James.
“Gross Abuse of Power”
The Justice Department’s rapid-fire retaliation has sparked outrage among legal experts and constitutional scholars, who argue the administration is systematically sidestepping the Senate’s “advice and consent” role for top federal positions.
Critics pointed out that Kinsella’s firing is part of a broader “purge” of prosecutors who have faced pushback from the courts. Similar judicial challenges to Trump-appointed interim prosecutors have recently occurred in New Jersey, Virginia, and Nevada. In Virginia, a judge recently tossed out criminal indictments against Letitia James and former FBI Director James Comey because the prosecutor who signed them was serving unlawfully.
In a statement issued Thursday, the DOJ defended the firing as necessary to maintain executive authority over law enforcement. “The President’s power to appoint and remove officers of the United States is a cornerstone of our Republic,” a spokesperson said. “The judiciary’s attempt to install its own chosen prosecutor is a violation of the separation of powers.”
Legal Uncertainty Looming
The firing of Kinsella leaves the Northern District of New York in a state of jurisdictional limbo. With the court-appointed leader fired and the administration’s previous pick ruled unlawful, it is unclear who currently possesses the authority to sign indictments or authorize federal search warrants in the region.
Legal analysts expect the matter to be appealed to the Supreme Court, as the administration continues to challenge any judicial oversight of its personnel decisions. For now, the Albany office remains at the center of a constitutional tug-of-war that shows no signs of relenting.