President Donald Trump’s administration removed a newly appointed U.S. attorney this week on the same day he was sworn into office, setting up a constitutional dispute over who has the authority to fill federal prosecutor vacancies, as reported by Fox News.

Donald T. Kinsella was appointed by a board of judges for the U.S. District Court for the Northern District of New York to serve as U.S. attorney for the Northern District of New York, according to a court announcement. The statement said Kinsella was sworn in on Wednesday.

Later that same day, however, he was removed from the position.

Deputy Attorney General Todd Blanche addressed the decision in a post on X on Wednesday, stating, "Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella."

Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella. https://t.co/XUYRgaqG2T

— Todd Blanche (@DAGToddBlanche) February 12, 2026

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The U.S. District Court for the Northern District of New York released a statement Thursday acknowledging both the appointment and the removal.

"Yesterday, the United States District Court appointed a United States Attorney for the Northern District of New York, a position that was vacant," the court said.

"The Court exercised its authority under 28 U.S.C. § 546(d), which empowers the district court to ‘appoint a United States Attorney to serve until the vacancy is filled.’ The United States Constitution expressly provides for this grant of authority in Article II, Section 2, Clause 2, which states in part: ‘the Congress may by Law vest the Appointment’ of officials such as United States Attorneys ‘in the Courts of Law.’ By the end of the day, Deputy Director of Presidential Personnel, Morgan DeWitt Snow, notified Mr. Kinsella that he was removed as the judicially-appointed United States Attorney, without explanation," the statement noted.

The court added, "The Court thanks Donald T. Kinsella for his willingness to return to public service so that this vacancy could be filled with a qualified, experienced former prosecutor, and for his years of distinguished work on behalf of the citizens of the Northern District of New York."

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Fox News Digital reported that it reached out to the White House for comment on Friday.

Kinsella had been selected to replace John Sarcone III after a federal judge ruled in January that Sarcone was serving as acting U.S. attorney unlawfully, according to NBC News.

U.S. District Judge Lorna Schofield determined that the Department of Justice took improper action to keep Sarcone in the position beyond the 120-day limit that applies to U.S. attorneys who have not been confirmed by the Senate.

NBC News reported that Sarcone demoted himself to first assistant attorney while awaiting an appeal of the judge’s ruling.

The rapid sequence of events — appointment, swearing-in, and removal within a single day — highlights the ongoing legal and procedural dispute over how vacancies in federal prosecutor offices are filled when Senate confirmation has not occurred.

No additional explanation was provided by the administration regarding Kinsella’s removal beyond Blanche’s statement referencing presidential authority under Article II of the Constitution.

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