Who IS the US Attorney for NY Northern District?

Donald T. Kinsella, a former longtime federal prosecutor in New York's Northern District, was appointed interim U.S. attorney on Wednesday by a panel of federal judges. The White House fired him less than five hours later. (Times Union file)

ALBANY — The White House on Wednesday evening fired a new interim U.S. attorney in New York’s Northern District less than five hours after a panel of federal judges had appointed Donald T. Kinsella to the position.

Under federal statutes, Kinsella would have served as interim U.S. attorney until the vacancy was filled by Trump. It’s unclear if the White House’s prompt firing of Kinsella will face any legal challenge.

On Wednesday evening, after the Times Union first reported Kinsella’s appointment as well as his subsequent firing by the White House, the U.S. deputy attorney general, Todd Blanche, posted on X: “Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”

The panel of judges’ extraordinary appointment of Kinsella took place a day after the former acting U.S. attorney, John A. Sarcone III, quietly reverted his title to “first assistant U.S. attorney.” That title change came as Sarcone’s term as the Northern District’s acting U.S. attorney expired Tuesday, when he hit the 210-day limit for him to remain in that temporary position under the Federal Vacancies Reform Act.

Read more at Times Union

So, is there a U.S. Attorney for the Northern District of New York?

John A. Sarcone III was disqualified in January from serving as U.S. Attorney for Northern New York District Court. His photo is still displayed on the official website as first assistant U.S. Attorney

“When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority,” wrote District Judge Lorna Schofield in January, ruling that John Sarcone III has been unlawfully serving as the U.S. Attorney for the Northern District of New York. The ruling comes as federal judges have rebuffed the appointments of top federal prosecutors across the country after the Trump administration used unusual tactics to install unqualified U.S. attorneys without Senate confirmation or judicial appointment.

In recent weeks, that gambit has met fierce resistance in the courts, resulting in two U.S. attorneys leaving their posts and Trump appearing to concede defeat. In early December, New Jersey U.S. Attorney Alina Habba resigned following an appeals court ruling upholding her disqualification. Shortly thereafter, Delaware U.S. Attorney Julianne Murray also left her post, citing the Habba ruling.

Read more at Politico

Stay tuned for updates on this struggle between the Trump administration and the judicial branch of government.