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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYou are fired': White House pushes to quickly remove new US attorney
The top federal prosecutor in upstate New York was fired by the White House just hours after federal judges appointed him to the post.
Its the latest tug-of-war between the Trump administration and the judiciary over President Trumps efforts to install loyalist U.S. attorneys across the country, skirting approval from both the Senate and the courts.
Veteran prosecutor Donald Kinsella was sworn in as U.S. attorney for the Northern District of New York in a private ceremony Wednesday, according to an announcement from the district court.
Later that evening, Deputy Attorney General Todd Blanche wrote on the social platform X that Kinsella was removed from the role.
Its the latest tug-of-war between the Trump administration and the judiciary over President Trumps efforts to install loyalist U.S. attorneys across the country, skirting approval from both the Senate and the courts.
Veteran prosecutor Donald Kinsella was sworn in as U.S. attorney for the Northern District of New York in a private ceremony Wednesday, according to an announcement from the district court.
Later that evening, Deputy Attorney General Todd Blanche wrote on the social platform X that Kinsella was removed from the role.
https://thehill.com/regulation/court-battles/5735302-trump-fires-upstate-ny-prosecutor/
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You are fired': White House pushes to quickly remove new US attorney (Original Post)
lostincalifornia
17 hrs ago
OP
Deadline Legal Blog-How Todd Blanche's 'You are fired' post against a New York prosecutor ignores the law
LetMyPeopleVote
14 hrs ago
#5
underpants
(195,653 posts)1. How about nominating someone who's qualified?
lostincalifornia
(5,125 posts)2. not going to happen with trump in charge.
Botany
(76,775 posts)3. Trump fired the Field of Dreams guy? Ray Kinsella.
&t=16s
LetMyPeopleVote
(177,107 posts)5. Deadline Legal Blog-How Todd Blanche's 'You are fired' post against a New York prosecutor ignores the law
The former Trump defense lawyer and current high-ranking DOJ official made a legal statement that risks misleading the public.
How Todd Blancheâs âYou are firedâ post against a New York prosecutor ignores the law www.ms.now/deadline-whi... The former Trump defense lawyer and current high-ranking DOJ official made a legal statement that risks misleading the public.
— timethiefmedia - Canadian foreverðconservative never (@timethiefmedia.bsky.social) 2026-02-12T20:41:19.058Z
https://www.ms.now/deadline-white-house/deadline-legal-blog/todd-blanche-fired-new-york-prosecutor-donald-kinsella-law-constitution
The Trump Justice Departments second-ranking official, Todd Blanche, wrote Wednesday night on social media: Judges dont pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.
....Its true that judges arent generally involved in the appointment of U.S. attorneys. The typical process is that those top prosecutors are nominated by the president and confirmed by the Senate.
But the Trump administration has tried to avoid that normal process, instead seeking to string together temporary stints of loyalists eager to carry out the presidents plans without Senate approval. That has led judges to get involved by way of a federal law that says that when an appointment expires, the district court for such district may appoint a United States attorney to serve until the vacancy is filled.
So, contrary to the implication of Blanches post, judges sometimes do have a role to play not because theyre randomly intervening, but because the law says so.
Now, whats this about Blanches reference to Article II of the Constitution?....
But looking at the text of that constitutional provision, it says that Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Applying that text to the federal law giving judges appointment power when there are U.S. attorney vacancies, Congress would seem to have given that power to the courts in this situation.....
Also, judges in other districts have used that power to appoint prosecutors who were initially backed by Trump, including Jay Clayton in the Southern District of New York, whom Attorney General Pam Bondi tasked with investigating Democrats ties to Jeffrey Epstein. Therefore, the administration might not want to upend that judicial authority completely, even if it can.
Zooming out, all this appointment drama stems from the administrations inability or unwillingness to pick lawyers who can get through the confirmation process. As with much else these days, a more measured approach to start with would make drawn-out litigation unnecessary. But thats not how this administration rolls, as it prioritizes attempting to use the DOJ as another one of the presidents personal tools.
Link to tweet
....Its true that judges arent generally involved in the appointment of U.S. attorneys. The typical process is that those top prosecutors are nominated by the president and confirmed by the Senate.
But the Trump administration has tried to avoid that normal process, instead seeking to string together temporary stints of loyalists eager to carry out the presidents plans without Senate approval. That has led judges to get involved by way of a federal law that says that when an appointment expires, the district court for such district may appoint a United States attorney to serve until the vacancy is filled.
So, contrary to the implication of Blanches post, judges sometimes do have a role to play not because theyre randomly intervening, but because the law says so.
Now, whats this about Blanches reference to Article II of the Constitution?....
But looking at the text of that constitutional provision, it says that Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Applying that text to the federal law giving judges appointment power when there are U.S. attorney vacancies, Congress would seem to have given that power to the courts in this situation.....
Also, judges in other districts have used that power to appoint prosecutors who were initially backed by Trump, including Jay Clayton in the Southern District of New York, whom Attorney General Pam Bondi tasked with investigating Democrats ties to Jeffrey Epstein. Therefore, the administration might not want to upend that judicial authority completely, even if it can.
Zooming out, all this appointment drama stems from the administrations inability or unwillingness to pick lawyers who can get through the confirmation process. As with much else these days, a more measured approach to start with would make drawn-out litigation unnecessary. But thats not how this administration rolls, as it prioritizes attempting to use the DOJ as another one of the presidents personal tools.
