White House Ousts Court-Appointed US Attorney on Swearing-In Day
Fast, furious and rather awkward
On Wednesday a federal court picked Donald T. Kinsella to serve as the U.S. attorney for the Northern District of New York, swore him in, and then—surprise—the White House removed him later that same day. The judges used their authority to fill a vacant spot, but the executive branch moved quickly to undo that appointment without offering a public reason.
The legal tangle and a little backstory
The court said it was acting under federal law that allows judges to appoint a U.S. attorney to serve until the vacancy is filled, and pointed to the constitutional provision that lets Congress vest appointment power in the courts in limited circumstances. By day’s end, the presidential personnel office had notified Kinsella that he was being removed from the role.
This episode grew out of a prior ruling that the previous acting U.S. attorney had remained in office beyond a 120-day statutory limit. That earlier official stepped down to a first-assistant role while appealing the judge’s decision, which opened the door for the court’s temporary appointment — and the rapid reversal that followed.
The court thanked Kinsella for stepping up and for his years of service in the district; no further explanation for the quick ouster was provided publicly.