Trump admin decides to fire US attorney hours after his appointment

[Timber Rattler]

https://www.timesunion.com/capitol/article/federal-judges-appoint-donald-kinsella-new-21347802.php

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.

The swift termination of Kinsella, a former longtime federal prosecutor, underscored the ongoing tensions in federal districts where the administration of President Donald J. Trump has clashed with judges who have declined to appoint his interim appointments of U.S. attorneys who have not been confirmed by the Senate.

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.

EXCERPT

Trump's going to lose on the law, and already has with Habba and Halligan.

[bilo]

I'm glad Pres. Trump is not letting liberal judges determine who his US Attorneys will be. We already have a lot of corruption in the judicial branch.

[IsailedawayfromFR]

I'm glad Pres. Trump is not letting liberal judges determine who his US Attorneys will be. We already have a lot of corruption in the judicial branch.

And the judicial branch has no authority to select members of Executive branch.

That is exactly backwards to words contained in the Constitution

[Bigun]

And the judicial branch has no authority to select members of Executive branch.

That is exactly backwards to words contained in the Constitution

"The judiciary...may truly be said to have neither FORCE nor WILL, but merely judgment..."

-- Alexander Hamilton, Federalist #78

[Timber Rattler]

And the judicial branch has no authority to select members of Executive branch.

That is exactly backwards to words contained in the Constitution

Problem is that there's a law on the books, passed by Congress and signed into law by Clinton, that says federal judges can.  That needs to be tested at SCOTUS...

https://en.wikipedia.org/wiki/Federal_Vacancies_Reform_Act_of_1998

https://www.gao.gov/legal/federal-vacancies-reform-act

https://www.congress.gov/crs-product/R44997

https://constitutioncenter.org/blog/a-look-at-the-vacancies-reform-act