Yesterday the United States District Court appointed a United States Attorney for the Northern District of New York, a position that was vacant. The Court exercised its authority under 28 U.S.C. § 546(d), which empowers the district court to “appoint a United States Attorney to serve until the vacancy is filled.” The United States Constitution expressly provides for this grant of authority in Article II, Section 2, Clause 2, which states in part: “the Congress may by Law vest the Appointment” of officials such as United States Attorneys “in the Courts of Law.” By the end of the day, Deputy Director of Presidential Personnel, Morgan DeWitt Snow notified Mr. Kinsella that he was removed as the judicially- appointed United States Attorney, without explanation.

The Court thanks Donald T. Kinsella for his willingness to return to public service so that this vacancy could be filled with a qualified, experienced former prosecutor, and for his years of distinguished work on behalf of the citizens of the Northern District of New York.