13.02.2026

"Trump-Appointed U.S. Attorney's Role Upended"

ALBANY, N

ALBANY, N.Y. (AP) — The recent attempt to appoint Donald T. Kinsella as the U.S. Attorney for the Northern District of New York was swiftly nullified by the Department of Justice. This event unfolded after the announcement from Deputy Attorney General Todd Blanche, who emphasized that U.S. attorneys are appointed by the president, not by federal judges, leading to Kinsella’s immediate dismissal.

Kinsella, who previously served as the chief of the U.S. Attorney’s office in the Northern District, found his appointment rendered ineffective before it could take effect. Following this announcement, John A. Sarcone III remained in his position, even though a federal judge previously ruled that his capacity to serve as U.S. attorney was unlawful. Sarcone was included in a news release from the office shortly before the firing of Kinsella was made public.

Those visiting the U.S. Attorney’s Office website on Thursday were met with Sarcone’s profile, reflecting his position as "First Assistant U.S. Attorney." Inquiries about Kinsella's status at the federal prosecutor’s office were met with the response that he was no longer employed there, signaling the abrupt end to his tenure.

Attempts to reach Kinsella at Whiteman Osterman & Hanna LLP, the law firm where he is now a senior counsel, went unanswered. A subsequent inquiry directed to Sarcone concerning the latest developments also went without a response.

This incident follows a ruling by Judge Lorna G. Schofield from New York City, who had blocked subpoenas requested by Sarcone. The judge stated that Sarcone lacked lawful authority to serve as U.S. attorney, thereby voiding any actions he had taken or would take in that role. This situation highlights a series of legal complications faced by U.S. attorneys appointed in a manner deemed unconventional during the previous Republican administration.

Additionally, U.S. Attorney General Pam Bondi recently announced the departure of Lindsey Halligan from her position in the Eastern District of Virginia, citing the conclusion of her tenure after a federal judge ruled her appointment unlawful, leading to the dismissal of indictments against notable figures including New York Attorney General Letitia James and former FBI Director James Comey.

In December, Alina Habba resigned as the federal prosecutor for New Jersey after an appeals court ruled that her appointment was unlawful. This systemic issue concerning the appointment of U.S. attorneys has drawn criticism and scrutiny regarding the adherence to legal protocols.

Brought into the role of interim U.S. attorney for the Northern District in March, Sarcone’s term faced challenges when federal judiciary declined to extend his appointment beyond 120 days. Despite this, the Department of Justice later took measures to install Sarcone as acting U.S. attorney, which was subsequently challenged in court. On January 8, Schofield ruled against this workaround, indicating that federal law does not allow such practices.

The ongoing incidents in various districts across the country reflect the broader implications of how appointments to significant legal positions are conducted, calling into question the integrity and legality of recent decisions made by the Department of Justice.