Trump Administration Fires U.S. Attorney Hours After Swearing-In
ALBANY, N.Y. — In an unprecedented move that has drawn attention to the constitutional powers surrounding federal appointments, the Trump administration dismissed Donald T. Kinsella from his role as U.S. attorney for the Northern District of New York on the very day he was sworn into office. The abrupt firing came just hours after a panel of federal judges appointed Kinsella to fill the long-vacant position.
The U.S. District Court for the Northern District of New York had announced Kinsella’s appointment and swearing-in on Wednesday, marking an effort by the judiciary to fill a critical prosecutorial vacancy. However, Deputy Attorney General Todd Blanche swiftly countered the court’s action, emphasizing that the authority to appoint U.S. attorneys rests solely with the President, as outlined in Article II of the U.S. Constitution.
“Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella,” Blanche wrote in a post on X, formerly Twitter, signaling the administration’s rejection of the court-appointed selection. This public declaration underscored the tension between the judiciary’s attempt to fill a vacancy and the executive branch’s constitutional prerogative.
The court issued a statement on Thursday acknowledging the appointment and the vacancy it sought to address. “Yesterday the United States District Court appointed a United States Attorney for the Northern District of New York, a position that was vacant,” the statement read. However, it did not comment on the subsequent firing.
The incident highlights a rarely invoked but significant constitutional question about the separation of powers and the appointment process for U.S. attorneys. Typically, U.S. attorneys are nominated by the President and confirmed by the Senate, but vacancies can sometimes be temporarily filled by court appointment under certain statutes.
Legal experts note that while the judiciary has the authority to appoint interim U.S. attorneys when the executive branch has not filled a vacancy, the Trump administration’s swift dismissal of Kinsella suggests a strict interpretation of presidential appointment powers. The Department of Justice’s position aligns with the view that only the President can designate U.S. attorneys, reinforcing executive control over federal prosecutorial appointments.
This episode also comes amid heightened political scrutiny of federal appointments and the Trump administration’s assertive approach to staffing key legal positions. The controversy follows other recent moves by the administration to reshape the Department of Justice and influence federal law enforcement priorities.
For more on the role and appointment of U.S. attorneys, see the Department of Justice’s Office of the United States Attorneys. The constitutional basis for presidential appointments can be reviewed at the National Archives’ Constitution Transcription. Additionally, the federal court’s authority to appoint interim U.S. attorneys is outlined in Title 28 of the U.S. Code, available at Cornell Law School’s Legal Information Institute. For official statements and updates from the Department of Justice, visit DOJ Press Releases.
As the Northern District of New York seeks to fill this critical role, the incident serves as a stark reminder of the delicate balance between branches of government and the political complexities embedded within federal appointments.
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