{"id":131970,"date":"2026-02-13T00:41:12","date_gmt":"2026-02-13T00:41:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/131970\/"},"modified":"2026-02-13T00:41:12","modified_gmt":"2026-02-13T00:41:12","slug":"us-justice-department-blocks-kinsellas-appointment-as-albany-offices-top-prosecutor","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/131970\/","title":{"rendered":"US Justice Department blocks Kinsella&#8217;s appointment as Albany office&#8217;s top prosecutor"},"content":{"rendered":"<p>ALBANY, N.Y. (AP) \u2014 A lawyer appointed by judges to be the U.S. attorney for northern New York was immediately fired by the Justice Department in the latest clash between the Trump administration and the judiciary over the process for selecting top federal prosecutors.<\/p>\n<p>Donald Kinsella spent less than a day in the position before he was dismissed on Wednesday. Deputy Attorney General Todd Blanche announced his firing in a social media post.<\/p>\n<p>\u201cJudges don\u2019t pick U.S. Attorneys,\u201d the president does, Blanche wrote, adding, \u201cYou are fired, Donald Kinsella.\u201d<\/p>\n<p>It was unclear Thursday who was supervising the office, which handles federal prosecutions and other legal matters for a broad swath of upstate New York. <\/p>\n<p>The district court judges posted a brief statement Thursday saying they had acted under their legal authority in appointing Kinsella.<\/p>\n<p>\u201cThe 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,\u201d read the statement.<\/p>\n<p>President Donald Trump\u2019s pick to lead the office, John Sarcone, is among a number of interim U.S. attorneys installed by the administration who judges have found to be unlawfully serving in their positions.<\/p>\n<p>U.S. law normally requires senate confirmation for U.S. attorneys, and only allows people to serve in the position without that confirmation for limited time periods. Under Trump, however, the Justice Department has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers that courts have later ruled to be improper.<\/p>\n<p>In December, <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/hub\/alina-habba\" rel=\"nofollow noopener\" target=\"_blank\">Alina Habba<\/a><a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/alina-habba-51e1fbd348adcc099c0e65338cbbd102\" rel=\"nofollow noopener\" target=\"_blank\">resigned<\/a> as the top federal prosecutor for New Jersey after an appeals court <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/alina-habba-new-jersey-prosecutor-trump-5cb7573a91ac776e3914afd584e814bf\" rel=\"nofollow noopener\" target=\"_blank\">said she had been serving in the post unlawfully<\/a>. <\/p>\n<p>Lindsey Halligan, <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/letitia-james-eastern-district-of-virginia-trump-8c84bd8603a4b932f9cb2e451ef057a3\" rel=\"nofollow noopener\" target=\"_blank\">who pursued indictments<\/a> against a <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/halligan-comey-james-trump-ffcb0688ddf013161ec0b9b4c13681f4\" rel=\"nofollow noopener\" target=\"_blank\">pair of Trump\u2019s adversaries<\/a>, left her position as an acting U.S. attorney in Virginia after a <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/comey-james-justice-department-5ec1a59d152bc1fd000ade15e20745b5\" rel=\"nofollow noopener\" target=\"_blank\">judge concluded<\/a> in November that her appointment was unlawful and that <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/comey-james-justice-department-5ec1a59d152bc1fd000ade15e20745b5\" rel=\"nofollow noopener\" target=\"_blank\">indictments she brought<\/a> against New York Attorney General Letitia James and former FBI Director James Comey must be dismissed.<\/p>\n<p>U.S. Attorney General Pam Bondi appointed Sarcone to serve as the interim U.S. attorney for the Northern District of New York in March 2025. But when his 120-day term elapsed, judges <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/www.nynd.uscourts.gov\/news\/united-states-attorney-northern-district-new-york\" target=\"_blank\" rel=\"noopener nofollow\">in the district declined<\/a> to keep him in the post. <\/p>\n<p>Sarcone stayed on anyway, and while in his position pursued another investigation of James, a Democrat and longtime Trump foe. <\/p>\n<p>Last month, Judge Lorna G. Schofield in New York City <a class=\"Link AnClick-LinkEnhancement\" data-gtm-enhancement-style=\"LinkEnhancementA\" href=\"https:\/\/apnews.com\/article\/trump-letitia-james-halligan-sarcone-subpoenas-8fc9eddaa512de4e98e4a9d73aea997a\" rel=\"nofollow noopener\" target=\"_blank\">blocked subpoenas<\/a> requested by Sarcone in connection with that investigation, saying he was not lawfully serving as U.S. attorney and that any \u201cof his past or future acts taken in that capacity are void or voidable as they would rest on authority Mr. Sarcone does not lawfully have.\u201d<\/p>\n<p>On Tuesday, Sarcone changed his title to \u201cfirst assistant U.S. attorney.\u201d That prompted federal judges in the district on Wednesday to try and fill the apparent vacancy in the top spot by appointing Kinsella. <\/p>\n<p>A woman who answered the phone at the federal prosecutor\u2019s office in Albany responded to a request to speak with Kinsella by saying: \u201cTechnically, he\u2019s not employed with our office anymore.\u201d<\/p>\n<p>Messages were left for Kinsella at Whiteman Osterman &amp; Hanna LLP, the law firm where he is a senior counsel and where a website describes him as a 40-year veteran of \u201ccomplex criminal and civil litigation over a \u201ddistinguished career.\u201d<\/p>\n<p>An email sent to Sarcone seeking comment on the latest developments was not immediately returned. His office declined to comment. A spokesperson at Justice Department headquarters in Washington declined to comment.<\/p>\n<p>Those who clicked on \u201cMeet the U.S. Attorney\u201d on the website for the U.S. Attorney\u2019s Office in the Northern District of New York on Thursday were greeted with the \u201cstaff profile\u201d page for Sarcone, though his title is now \u201cFirst Assistant U.S. Attorney.\u201d<\/p>\n<p>___<\/p>\n<p>Neumeister reported from New York City.<\/p>\n","protected":false},"excerpt":{"rendered":"ALBANY, N.Y. (AP) \u2014 A lawyer appointed by judges to be the U.S. attorney for northern New York&hellip;\n","protected":false},"author":2,"featured_media":131971,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[32780,419,56490,153,417,415,2842,16015,398,2853,32777,9,24,11,10,2038,87,48202,52861,2846,421,901,2852,32778],"class_list":["post-131970","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-york","tag-alina-habba","tag-courts","tag-donald-t-kinsella","tag-donald-trump","tag-general-news","tag-indictments","tag-james-comey","tag-john-sarcone","tag-letitia-james","tag-lindsey-halligan","tag-lorna-g-schofield","tag-new-york","tag-new-york-city","tag-new-york-headlines","tag-new-york-news","tag-pam-bondi","tag-politics","tag-send-to-apple-news","tag-todd-blanche","tag-u-s-department-of-justice","tag-u-s-news","tag-united-states","tag-united-states-government","tag-united-states-senate"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/131970","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=131970"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/131970\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/131971"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=131970"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=131970"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=131970"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}