February 12, 2026 / 12:02 AM EST / CBS News
A panel of judges in New York appointed a new top federal prosecutor in Albany on Wednesday after a Trump nominee was found to be serving in the role unlawfully — but within hours, the Justice Department announced it had fired the judges' new hire.
The back-and-forth adds to months of friction between the Trump administration and the federal judiciary over who is allowed to lead U.S. attorney's offices around the country.
In a somewhat unusual move, the judges in the Albany-based Northern District of New York said Wednesday they had appointed and sworn in a new person to lead the U.S. attorney's office: Former prosecutor Donald T. Kinsella. They cited a law that allows judges to temporarily name people to that job if the role becomes vacant because an interim U.S. attorney's term has expired.
A month earlier, a federal judge had ruled that acting U.S. Attorney for the Northern District of New York John Sarcone was serving in that role unlawfully, opening up the job.
Then, late Wednesday evening, Deputy Attorney General Todd Blanche rebuked the judges' decision, writing on X: "You are fired, Donald Kinsella."
"Judges don't pick U.S. Attorneys, [the president] does. See Article II of our Constitution," wrote Blanche, referring to the section of the U.S. Constitution that lays out presidential powers, including the authority to appoint people to federal offices.
CBS News has reached out to Kinsella for comment. READ MUCH MORE AT Justice Department fires U.S. attorney in New York hours after judges picked him for the job - CBS News
THERE IS ALSO A NY TIMES ARTICLE BUT TO READ IT, YOU HAVE TO REGISTER WITH THEM.....
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