Deputy Attorney General Todd Blanche speaks as U.S. Attorney General Pam Bondi and President Donald Trump look on during a press conference in the Oval Office of the White House on Oct. 15, 2025, in Washington, D.C. (Kevin Dietsch/Getty Images)
Blanche’s comment echoed a similar one he made when announcing the termination of Donald Kinsella after judges in the Northern District of New York chose him to replace Trump appointee John Sarcone, whom they also disqualified.
Constitutional scholar John Yoo recently told Fox News Digital that while the law gives judges the authority to choose a lawyer to fill a U.S. attorney vacancy, the Constitution and court precedent clearly grant the president — not the attorney general or deputy attorney general — the power to dismiss U.S. attorneys at will.
Dan Scavino, White House deputy chief of staff, speaks during the Conservative Political Action Conference in National Harbor, Maryland, U.S., on Saturday, Feb. 22, 2025. (Kent Nishimura/Bloomberg via Getty Images)
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In a similar scenario, the court disqualified Trump appointee Alina Habba, and DOJ leadership responded by assigning three department officials to assume the duties of the U.S. attorney there.
The DOJ initially also appealed the decision to disqualify Habba, but the U.S. Court of Appeals for the Third Circuit upheld a lower court ruling on it, and the department has not at this stage sought relief from the Supreme Court.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/trump-fires-judge-picked-u-s-attorney-intensifying-clash-over-control-federal-prosecutors