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In a move that's got the lefty outrage machine firing on all cylinders, the White House wasted zero time firing Donald T. Kinsella as U.S. attorney for the Northern District of New York. The poor guy was sworn in on Wednesday, courtesy of a board of judges from the U.S. District Court there, only to get the boot the very same day. Talk about a short-lived gig.
Deputy Attorney General Todd Blanche didn't mince words about it on X, laying it out plain and simple for the judicial overreach crowd: "Judges don’t pick U.S. Attorneys,
@POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella."
Boom. Message received.
The court tried to play it straight in their Thursday statement, explaining they stepped in under 28 U.S.C. § 546(d) to fill a vacancy temporarily until a proper appointment happens. They even cited the Constitution's Article II, Section 2, Clause 2, which lets Congress vest appointment power for folks like U.S. attorneys "in the Courts of Law." Nice try, but the executive branch wasn't having it.
By day's end, Deputy Director of Presidential Personnel Morgan DeWitt Snow had already emailed Kinsella the bad news: You're out, no explanation needed. The court statement added a polite thank-you note, praising Kinsella for stepping up with his decades of experience as a former prosecutor and for his "distinguished work" serving the Northern District. They thanked him for being willing to return to public service to plug the hole left after the previous acting U.S. attorney, John Sarcone III, got ruled out of line.
That whole mess started back in January when U.S. District Judge Lorna Schofield declared Sarcone was illegally hanging on past the 120-day limit for unconfirmed acting U.S. attorneys. Sarcone then stepped down to first assistant while appealing, per reports.
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But here's the bottom line, folks: The Constitution is crystal clear on this one. Article II gives the president, not some panel of judges, the authority to appoint these positions, with Senate advice and consent when required. The Trump team isn't about to let activist judges rewrite the rules.
This is just the latest reminder that when it comes to executive power, President Trump is playing hardball — and winning. The courts can appoint interim folks all they want under the statute, but the boss in the Oval Office gets the final say. You are fired, indeed.
But here's the bottom line, folks: The Constitution is crystal clear on this one. Article II gives the president, not some panel of judges, the authority to appoint these positions, with Senate advice and consent when required. The Trump team isn't about to let activist judges rewrite the rules.
This is just the latest reminder that when it comes to executive power, President Trump is playing hardball — and winning. The courts can appoint interim folks all they want under the statute, but the boss in the Oval Office gets the final say. You are fired, indeed.
