Interim U.S. attorney for NY fired after five hours

Federal judges appointed attorney Donald T. Kinsella Wednesday to temporarily fill the vacant U.S. attorney position in the Northern District of New York. Less than five hours later, Kinsella received an email from a White House official saying he’d been terminated, according to the Hearst-owned Albany Times Union.The firing is the latest in ongoing tensions in federal districts where the Trump administration is declining to appoint the interim U.S. attorneys and seemingly bypassing the Senate confirmation process.Kinsella is a registered Republican and previously worked as a prosecutor on the county, state and federal level. Most recently, he worked for various private law firms in the Albany area. Kinsella’s firing came one day after John Sarcone III stepped back from the interim role after a turbulent 11 months leading the office.A private-practice attorney from Westchester, Sarcone was selected for the interim role by U.S. Attorney General Pam Bondi. By law, he could only serve for 120 days without an appointment from President Donald Trump, and that window closed in July. A panel of federal judges also declined to appoint him. Bondi then named him a “special attorney to the U.S. attorney general,” which allowed him to assume the District’s first assistant position and subsequently serve in the vacant acting U.S. attorney position. That appointment process was questioned by New York Attorney General Letitia James after Sarcone served her office with two federal grand jury subpoenas. James is being investigated by the grand jury over lawsuits criticized by conservatives as politically motivated.Last year, a federal judge invalidated the subpoenas, ruling that Sarcone had been serving in his post unlawfully. The U.S. Attorney’s Office in Albany has countered that decision. Months prior, Sarcone had also made national headlines when he was chased by a man from El Salvador with a knife outside a downtown hotel in Albany. He filed an affidavit about the event, where he listed a boarded-up building as his residence. Federal statute requires U.S. attorneys to reside in the district they’re appointed to serve or within 25 miles of it. Sarcone told the Albany Times Union in June that he intended to move into the unit following renovations. The Northern District of New York spans 32 counties, covering parts of Ulster County, including Syracuse and Kingston, the state Capitol, and the North Country.Similar turmoil played out between DOJ officials, federal courts and the White House in California, Nevada, Virginia and New Jersey. Vermont’s sole U.S. Attorney’s Office remains without a permanent appointment. Michael Drescher was elevated from his position as an assistant U.S. attorney in January, and he led the Burlington office in an interim capacity for about a year.He was never appointed by Trump and the window where he could serve the District lawfully closed in November.Drescher vacated his DOJ job to pursue a position on the Vermont Supreme Court, where he was confirmed after multiple contentious hearings and a tie-breaker vote.First assistant U.S. attorney Jonathan Ophardt is now leading the office on a temporary basis — something he’s done before. Ophardt served in the same role between the resignation of Trump appointee Christina Nolan and the confirmation of President Joe Biden’s appointee Nikolas Kerest.Although it’s the president’s responsibility to fill these vacancies, they traditionally consult with state officials from both parties.NBC5 reached out to the senior lawmakers from both New York and Vermont, Sen. Chuck Schumer (D-NY) and Rep. Elise Stefanik (R-NY21), and Sen. Bernie Sanders (I-VT) and Gov. Phil Scott (R-VT), respectively.Both Schumer’s office and Gov. Phil Scott’s office said they had not received any guidance or requests from the White House regarding U.S. attorney appointments.Sanders and Stefanik did not respond to multiple requests for comment.

ALBANY, N.Y. —

Federal judges appointed attorney Donald T. Kinsella Wednesday to temporarily fill the vacant U.S. attorney position in the Northern District of New York. Less than five hours later, Kinsella received an email from a White House official saying he’d been terminated, according to the Hearst-owned Albany Times Union.

The firing is the latest in ongoing tensions in federal districts where the Trump administration is declining to appoint the interim U.S. attorneys and seemingly bypassing the Senate confirmation process.

Kinsella is a registered Republican and previously worked as a prosecutor on the county, state and federal level. Most recently, he worked for various private law firms in the Albany area.

Kinsella’s firing came one day after John Sarcone III stepped back from the interim role after a turbulent 11 months leading the office.

A private-practice attorney from Westchester, Sarcone was selected for the interim role by U.S. Attorney General Pam Bondi. By law, he could only serve for 120 days without an appointment from President Donald Trump, and that window closed in July.

A panel of federal judges also declined to appoint him.

Bondi then named him a “special attorney to the U.S. attorney general,” which allowed him to assume the District’s first assistant position and subsequently serve in the vacant acting U.S. attorney position.

That appointment process was questioned by New York Attorney General Letitia James after Sarcone served her office with two federal grand jury subpoenas. James is being investigated by the grand jury over lawsuits criticized by conservatives as politically motivated.

Last year, a federal judge invalidated the subpoenas, ruling that Sarcone had been serving in his post unlawfully. The U.S. Attorney’s Office in Albany has countered that decision.

Months prior, Sarcone had also made national headlines when he was chased by a man from El Salvador with a knife outside a downtown hotel in Albany. He filed an affidavit about the event, where he listed a boarded-up building as his residence.

Federal statute requires U.S. attorneys to reside in the district they’re appointed to serve or within 25 miles of it. Sarcone told the Albany Times Union in June that he intended to move into the unit following renovations.

The Northern District of New York spans 32 counties, covering parts of Ulster County, including Syracuse and Kingston, the state Capitol, and the North Country.

Similar turmoil played out between DOJ officials, federal courts and the White House in California, Nevada, Virginia and New Jersey.

Vermont’s sole U.S. Attorney’s Office remains without a permanent appointment. Michael Drescher was elevated from his position as an assistant U.S. attorney in January, and he led the Burlington office in an interim capacity for about a year.

He was never appointed by Trump and the window where he could serve the District lawfully closed in November.

Drescher vacated his DOJ job to pursue a position on the Vermont Supreme Court, where he was confirmed after multiple contentious hearings and a tie-breaker vote.

First assistant U.S. attorney Jonathan Ophardt is now leading the office on a temporary basis — something he’s done before. Ophardt served in the same role between the resignation of Trump appointee Christina Nolan and the confirmation of President Joe Biden’s appointee Nikolas Kerest.

Although it’s the president’s responsibility to fill these vacancies, they traditionally consult with state officials from both parties.

NBC5 reached out to the senior lawmakers from both New York and Vermont, Sen. Chuck Schumer (D-NY) and Rep. Elise Stefanik (R-NY21), and Sen. Bernie Sanders (I-VT) and Gov. Phil Scott (R-VT), respectively.

Both Schumer’s office and Gov. Phil Scott’s office said they had not received any guidance or requests from the White House regarding U.S. attorney appointments.

Sanders and Stefanik did not respond to multiple requests for comment.