White House Dismisses New Upstate NY U.S. Attorney Hours After Appointment

In a shocking turn of events, the White House dismissed Donald Kinsella as the U.S. Attorney for Upstate New York just hours after his appointment. Kinsella was chosen by a panel of federal judges, making him the latest victim of President Trump’s controversial practices regarding federal prosecutor appointments.

Background on Donald Kinsella’s Appointment

Kinsella, a seasoned litigator, had over 50 years of experience in the legal field. He was appointed to oversee prosecutions from the Albany-based U.S. Attorney’s Office for the Northern District of New York. His selection was necessitated after a federal judge ruled that John Sarcone, a former Trump campaign attorney, had been unlawfully acting as U.S. Attorney for several months.

Dismissal by the White House

The dismissal happened just after Kinsella was sworn in during a private ceremony. Deputy Attorney General Todd Blanche publicly stated that “Judges don’t pick U.S. Attorneys; the president does.”

This incident mirrors a broader pattern seen during Trump’s administration, where he has maneuvered to replace judges’ appointments with loyalists often lacking relevant experience. This approach aims to maintain control over U.S. Attorney offices and exert influence over the justice system.

Legal Implications and Controversies

The implications of Kinsella’s dismissal are significant. Legal experts are divided regarding its legality. Peter Shane, a constitutional law scholar, argued that Trump’s action was likely unlawful. He noted that judges, not the president, should have the power to remove officials they appointed.

Conversely, some legal interpretations support the president’s authority to dismiss U.S. attorneys appointed by the courts, citing existing federal laws. This situation reflects ongoing tensions around U.S. attorney appointments and the broader judiciary’s role.

Pattern of Dismissals Under Trump Administration

• Kinsella’s firing marks at least the third time the Trump administration has dismissed a U.S. attorney appointed by the judiciary.
• Erik Siebert, former U.S. attorney for the Eastern District of Virginia, was removed and replaced with Lindsey Halligan, a Trump ally with no prosecutorial experience.
• Halligan later faced controversies over her prosecution of Trump’s political adversaries, leading to her own disqualification.
• Similarly, Alina Habba, another former Trump attorney, attempted to reassume leadership in New Jersey’s U.S. attorney’s office despite being blocked by judges.

As the situation unfolds, questions remain about the authority of the president versus the judiciary in appointing and dismissing U.S. attorneys. The controversies surrounding Kinsella’s dismissal and the actions of federal officials emphasize the ongoing struggles within the U.S. justice system.