(NEW YORK) — The fight over the Trump administration’s appointment of U.S. attorneys has taken another turn with the Justice Department’s firing of a newly appointed U.S. attorney in Northern New York.
After the DOJ’s appointment of acting U.S. Attorney John Sarcone III ran out, a court on Wednesday appointed Donald Kinsella to lead the U.S. attorney’s office in that district, according to a notice from the court.
But just hours after Kinsella’s appointment, Deputy Attorney General Todd Blanche fired him.
The ongoing battle centers on who has the right to select the prosecutors who lead the nation’s U.S. attorneys offices, with the Justice Department appointing a series of acting attorneys general despite laws that don’t allow those positions to be filled by consecutive interim nominees without either Senate confirmation or appointment by the federal judiciary.
“Judges don’t pick U.S. Attorneys. @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella,” Blanche tweeted Wednesday, hours after Kinsella’s appointment by the court.
The head of the White House Presidential Personnel Office, Dan Scavino, tweeted that Kinsella should “check your email.”
Last fall a court found that Lindsey Halligan, a former White House aide who was appointed by President Donald Trump as interim U.S. attorney for the Eastern District of Virginia, had been unlawfully appointed because the law doesn’t allow the position to be filled by two interim nominees in a row, in violation of the U.S. Constitution’s Appointments Clause.
After a federal judge threw out the indictments Halligan obtained against former FBI Director James Comey and New York Attorney General Letitia James, Attorney General Pam Bondi filed an appeal this week arguing that she has the authority to address U.S. attorney vacancies.
Trump’s former personal attorney, Alina Habba, was disqualified in December from serving as interim U.S. attorney in New Jersey after the Trump administration sought to extend her appointment, and courts in Nevada and California have made similar rulings involving the appointments of acting U.S. attorneys in those districts.
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