Justice Department fires U.S. attorney in New York hours after judges picked him for the job
A panel of New York judges appointed a new federal prosecutor in Albany on Wednesday after a Trump nominee was found to have held the post illegally — but hours later the Justice Department announced it had fired the new judge hire.
The back-and-forth comes on top of months of friction between the Trump administration and the federal judiciary over who is allowed to run U.S. attorneys’ offices across the country.
In a somewhat unusual move, judges in the Albany-based Northern District of New York announced Wednesday that they had nominated and sworn in a new person to lead the U.S. Attorney’s Office: former prosecutor Donald T. Kinsella. They cited a law that allows judges to temporarily appoint people to the position if the position becomes vacant because an acting U.S. attorney’s term has expired.
A month earlier, a federal judge ruled that Acting U.S. Attorney for the Northern District of New York John Sarcone was exercise this role illegallyopening the work.
Then, Wednesday evening, Assistant Attorney General Todd Blanche rebuked the justices’ decision, writing on X: “You’re fired, Donald Kinsella.” »
“Judges do not choose US Attorneys, [the president] do. See Article II of our Constitution,” Blanche wrote, referring to the section of the U.S. Constitution that defines presidential powers, including the power to appoint individuals to federal office.
CBS News has contacted Kinsella for comment.
The conflict in Albany began last year. Sarcone, a former campaign lawyer for President Trump, was initially named acting U.S. attorney. But that interim role is limited to 120 days, and when that deadline expired in July, district judges refused to extend it.
Attorney General Pam Bondi responded by appointing Sarcone as the first assistant U.S. attorney in the Northern District — effectively the office’s second-in-command — so that, under federal law, he could continue to lead the office as acting U.S. attorney. Bondi also appointed Sarcone to the role of “special prosecutor” and gave him power of attorney as a U.S. attorney.
Last month, U.S. District Judge Lorna Schofield ruled that Bondi’s maneuver was not permitted under laws governing vacancies in U.S. attorneys’ offices, finding that Sarcone “is not lawfully serving as acting U.S. Attorney.”
The judge also banned Sarcone from supervising an investigation into New York Attorney General Letitia James and quashed two subpoenas issued in connection with that investigation. Sarcone’s office was investigating James for his handling of a civil fraud investigation into Mr. Trump and an investigation into the National Rifle Association, CBS News reported. previously reported.
The government appealed Schofield’s decision last month and asked him to temporarily suspend his decision while a federal appeals court reviews the issue.
Sarcone is one of at least five Trump administration picks for acting or acting U.S. attorneys who have faced rejections from federal judges, following similar rulings in 2007. New Jersey, California, Virginia And Nevada.
The role of the U.S. attorney is typically confirmed by the Senate, but in several districts the Trump administration has sought to keep people in these jobs on a temporary basis.
The critics have accused the administration to circumvent the Senate confirmation process. But the Justice Department says the president and attorney general have the power to choose prosecutors. In some cases, Mr. Trump has also accused Senate Democrats of obstructing the nomination of his nominees.
A dispute in the Eastern District of Virginia was led by a federal judge throw criminal indictments against Letitia James and former FBI Director James Comey – two enemies of Trump – on the grounds that Acting US Attorney Lindsey Halligan was illegally carrying out those duties.
Halligan continued to use the title “United States Attorney” in his court filings, leading to a reprimand from a federal judge who suggested she might be making false statements — a decision the Justice Department called a “gross abuse of power.” The judge fired back and warned that Halligan could face disciplinary action if she continued to use the title. Halligan then left the Department of JusticeBondi asserting that “the circumstances which led to this result are deeply flawed”.
