Overview
- Federal judges invoked 28 U.S.C. § 546(d) to appoint retired prosecutor Donald T. Kinsella, who was sworn in by Chief Judge Brenda Sannes via Zoom at about 4:30 p.m. Wednesday.
- Roughly four hours later, White House official Morgan DeWitt Snow emailed Kinsella that he was removed, and Deputy Attorney General Todd Blanche posted on X, “Judges don’t pick U.S. Attorneys… You are fired.”
- The vacancy followed the expiration of John A. Sarcone III’s interim service and a ruling by Senior Judge Lorna G. Schofield that his tenure was unlawful; the Justice Department has appealed.
- As of Thursday evening, the Northern District had no confirmed U.S. Attorney; Sarcone held the first assistant title and appeared to be directing the office’s operations.
- The court publicly defended its appointment authority, New York’s senators criticized the firing, and recent disputes in other districts point to further litigation over vacancies and removal power.