Federal judges in New York thought they could pick Trump's prosecutors for him.
They swore in their hand-picked choice Wednesday morning.
Deputy Attorney General Todd Blanche fired him that same afternoon – and reminded these judges to read the Constitution.
Federal Judges Tried Installing Their Own US Attorney, Todd Blanche Said Absolutely Not
Here's what happened in New York's Northern District.
The previous US attorney got caught serving past his legal time limit.
So a panel of federal judges decided they'd just appoint someone themselves – Donald Kinsella, a career bureaucrat from the same office.
He got sworn in Wednesday morning.
By Wednesday evening, Trump's Deputy Attorney General had one message for him: "Judges don't pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella."
The judges issued a statement Thursday defending their authority under federal law.
They thanked Kinsella for his "willingness to return to public service" as a "qualified, experienced former prosecutor."
Translation: How dare Trump fire our establishment pick.
This Is Exactly What Draining The Swamp Looks Like
The judges wanted Kinsella because he's exactly what the permanent bureaucracy always wants – someone who's been in the system for decades, knows how things "work," and won't rock any boats.
That's the last thing Trump needs running federal prosecutions right now.
Attorney General Pam Bondi put it perfectly when judges tried this same stunt in New Jersey: "This Department of Justice does not tolerate rogue judges – especially when they threaten the President's core Article II powers."
She's right.
Article II of the Constitution vests executive power in the President.
That includes controlling who runs federal law enforcement.
The judges are citing a statute that supposedly gives them appointment power when vacancies drag on.
But here's what they're not telling you: That statute itself might violate the Constitution's separation of powers.
Pam Bondi Has Fired Three Judge-Appointed Federal Prosecutors Now
Kinsella isn't the first establishment prosecutor these judges have tried forcing on Trump.
In New Jersey, judges appointed someone after Trump's pick Alina Habba hit a procedural time limit.
Bondi fired that appointee immediately.
In Virginia, judges appointed a replacement after Trump's pick Lindsey Halligan was ruled unlawfully serving.
Trump's DOJ fired that person too.
The pattern is obvious: Judges appointed by Obama and Bush want to control who prosecutes federal cases, and they're using technicalities to try blocking Trump's authority.
Three different times, Trump has reminded them that's not how the Constitution works.
Democrats Designed This "Vacancy Law" To Sabotage Trump
The Federal Vacancies Reform Act sets time limits on serving without Senate confirmation.
Sounds reasonable, right?
Here's what it's really designed to do: Give Democrat senators veto power over Trump's prosecutors through the "blue slip" tradition.
Democrat senators refuse to approve Trump's picks in their states.
The clock runs out.
Then Democrat-appointed judges install whoever they want.
It's a coordinated scheme to keep the swamp in control of federal prosecutions.
Trump's DOJ is finally calling it out.
Blanche cited Article II, Section 2 – the Appointments Clause – which gives the President authority over executive branch appointments.
Congress can pass whatever statutes it wants, but it can't override the Constitution.
Article II Constitution Gives Trump Authority Over DOJ Appointments
This isn't about procedure or qualifications.
It's about whether Trump gets to run his own Justice Department or whether Obama judges get to pick prosecutors who'll slow-walk his agenda.
Look at who the judges wanted: Career bureaucrats from the same offices.
Look at who Trump wanted: Loyal appointees who'll actually drain the swamp.
Habba was Trump's personal attorney – someone he knows and trusts.
Halligan was a White House aide – same thing.
The establishment calls them "unqualified" because they haven't spent decades becoming part of the problem.
Trump calls them exactly what he needs to clean up the DOJ.
Activist Judges Keep Blocking Trump's US Attorney Appointments
Multiple federal courts have ruled against Trump's appointments.
Third Circuit judges said keeping Habba in office was "plainly prohibited" by federal law.
But here's what they're really doing: Using procedural technicalities to block a sitting president from controlling his own executive branch.
The Constitution gives Trump that power.
Some statute from 1998 doesn't override Article II.
Trump's position is simple: The President appoints US attorneys, judges don't, and any law that says otherwise conflicts with the Constitution.
This Could Force The Supreme Court To Settle It
The liberal appeals courts keep ruling against Trump.
His response? Keep asserting constitutional authority anyway.
Because here's the thing: Trump knows he's right on the Constitution.
The Founders didn't give federal judges the power to control executive branch prosecutors.
They gave that power to the President – who answers to voters.
If Trump backs down every time some Obama judge issues a ruling, he might as well hand the DOJ back to the permanent bureaucracy.
So he's forcing the issue to go up to the Supreme Court, where he's got a 6-3 majority that actually understands executive power.
The Supreme Court ruled last year that Trump has sweeping authority over the Justice Department, including the power to remove officials.
The Court said that power "may not be regulated by Congress or reviewed by the courts."
That's the precedent Trump is standing on.
Why Every Trump Supporter Should Care About This Fight
Most people don't think much about who appoints interim prosecutors.
But this is actually one of the most important battles Trump is fighting.
Because here's what's at stake: Can a president actually control the executive branch, or do judges and bureaucrats run it?
When judges blocked Habba's appointment, the cases she brought against James Comey and Letitia James got thrown out.
That's the whole point of the scheme.
Block Trump's prosecutors, protect Trump's enemies, maintain the two-tiered justice system.
Trump is saying enough.
If he has to fire every judge-appointed prosecutor in the country and dare them to do something about it, that's what he'll do.
This is what winning actually looks like – not backing down when the establishment says "you can't do that."
Trump's reminding them: Yes he can, it's called Article II, and maybe they should read it.
Sources:
- Alex Nitzberg, "White House fires court-appointed US attorney on day he is sworn in," Fox News, February 13, 2026.
- U.S. District Court for the Northern District of New York, Statement on U.S. Attorney Appointment, February 13, 2026.
- Todd Blanche, Post on X (formerly Twitter), February 12, 2026.
- D. Michael Fisher, Opinion, United States v. Habba, Third Circuit Court of Appeals, December 2, 2025.
- "Trump DOJ Gives Federal Judges a Big New Eff You," Talking Points Memo, February 13, 2026.
- "How Todd Blanche's 'You are fired' post against a New York prosecutor ignores the law," MSNBC, February 12, 2026.
