A stunning and unprecedented event unfolded this week as a newly sworn-in U.S. attorney was swiftly removed from office on the very same day he took the oath. Donald T. Kinsella, appointed by a federal court to lead the Northern District of New York, found his tenure abruptly terminated, igniting a constitutional debate over the power to appoint federal prosecutors.
The U.S. District Court for the Northern District of New York had formally sworn in Kinsella on Wednesday, filling a critical vacancy. The court acted under a specific provision of U.S. Code, granting district courts the authority to temporarily appoint U.S. Attorneys until a permanent replacement is confirmed – a power explicitly acknowledged within the Constitution itself.
However, the appointment was met with immediate resistance from within the administration. Deputy U.S. Attorney General Todd Blanche publicly declared the court’s action invalid, asserting the ultimate authority rests solely with the President. His message, delivered via social media, was stark: “Judges don’t pick U.S. Attorneys… You are fired, Donald Kinsella.”
The court responded with a detailed statement, reaffirming its constitutional authority to fill the vacancy. They highlighted Article II, Section 2, Clause 2 of the Constitution, which allows Congress to vest the appointment of officials like U.S. Attorneys in the courts. This power, they argued, was legitimately exercised to ensure the Northern District had leadership.
By the end of Wednesday, Morgan DeWitt Snow, Deputy Director of Presidential Personnel, delivered the dismissal to Kinsella, offering no explanation for the decision. The court expressed gratitude for Kinsella’s willingness to serve, acknowledging his years of dedicated public service and experience as a former prosecutor.
This dramatic turn of events stems from a previous legal challenge concerning Kinsella’s predecessor, John Sarcone III. A judge had ruled in January that Sarcone was illegally serving as acting U.S. attorney, exceeding the 120-day limit for unconfirmed appointees. Sarcone subsequently demoted himself while awaiting an appeal.
The situation underscores a fundamental tension between the judiciary and the executive branch regarding the appointment of key legal officials. It raises critical questions about the interpretation of constitutional powers and the balance of authority within the federal government, leaving observers to ponder the implications for future appointments.
