In a recent development that caught the attention of the legal and political communities, Donald Kinsella, an experienced federal prosecutor, was removed from his position as U.S. Attorney for the Northern District of New York. The White House informed Kinsella of his dismissal via email on Wednesday, mere hours after his temporary installation by federal judges.
The backstory of this unfolding situation began with John Sarcone's appointment as acting U.S. Attorney. Following the expiration of Sarcone's 120-day interim term, the judges chose not to extend his tenure, leading to Attorney General Pam Bondi appointing Sarcone as first assistant U.S. attorney and "special attorney," a move later deemed unlawful by U.S. District Judge Lorna Schofield. This ruling prevented Sarcone from continuing to oversee investigations, including those involving New York Attorney General Letitia James and the National Rifle Association. The Justice Department appealed this decision to the Second Circuit.
The decision to appoint Kinsella, a former assistant U.S. attorney in Albany and a Boston University School of Law alumnus, was quickly overturned by the administration. Deputy Attorney General Todd Blanche took to social media to emphasize the President's constitutional authority to choose U.S. Attorneys, as outlined in Article II, resulting in Kinsella's termination.
This incident is part of a broader pattern where federal courts in states like New Jersey, California, Virginia, and Nevada have challenged the Trump administration's interim appointments, effectively blocking the President's nominees for top prosecutorial roles. This has sparked a vigorous debate over the balance of powers and the constitutional authority involved in appointing U.S. attorneys.
Kinsella, who has a notable background in law enforcement including leadership of the Organized Crime Drug Enforcement Task Force, has expressed his intention to seek guidance from the Northern District judges regarding his next steps. Meanwhile, Sarcone remains with the Justice Department as the appeals process unfolds.
The dismissal of Kinsella shines a light on the increasing tension between the executive branch and the judiciary over control of key law enforcement appointments. This episode serves as a flashpoint in the ongoing discussion about the separation of powers and the potential overreach of judicial authority into the realm of executive appointments.
