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President Donald Trump’s administration fired a U.S. attorney the same day he was sworn in for the role by a federal court this week.
A board of judges for the U.S. District Court for the Northern District of New York tapped Donald T. Kinsella to serve as U.S. attorney for the Northern District of New York, according to a court announcement that said Kinsella was sworn in on Wednesday. But Kinsella was then booted from the post on Wednesday.
Deputy U.S. Attorney General Todd Blanche was blunt about the firing in a Wednesday post on X.
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“Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella,” Blanche wrote.
In a Thursday statement, the court noted, “Yesterday the United States District Court appointed a United States Attorney for the Northern District of New York, a position that was vacant.”
“The Court exercised its authority under 28 U.S.C. § 546(d), which empowers the district court to ‘appoint a United States Attorney to serve until the vacancy is filled.’ The United States Constitution expressly provides for this grant of authority in Article II, Section 2, Clause 2, which states in part: ‘the Congress may by Law vest the Appointment’ of officials such as United States Attorneys ‘in the Courts of Law.’ By the end of the day, Deputy Director of Presidential Personnel, Morgan DeWitt Snow notified Mr. Kinsella that he was removed as the judicially-appointed United States Attorney, without explanation,” the statement noted.
“The 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,” the statement added.
Fox News Digital reached out to the White House for comment on Friday.
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Kinsella was tapped to succeed John Sarcone III after a judge declared in January that he was serving in the role of acting U.S. attorney illegally, according to NBC News.
The outlet said U.S. District Judge Lorna Schofield ruled that the Department of Justice took improper action to keep Sarcone in the role past the 120-day limit for U.S. attorneys who the Senate has not confirmed. He demoted himself to first assistant attorney while awaiting an appeal of the judge’s decision, the outlet added.
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