A federal judge ruled that the president cannot unilaterally remove a U.S. attorney appointed by a district court, reinstating Roger Rogoff to his post in Seattle.

U.S. District Judge Stanley Bastian ruled on Thursday that President Trump cannot unilaterally fire Roger Rogoff, the top federal prosecutor in Seattle. The judge ordered that Rogoff be reinstated to his position as U.S. attorney for the Western District of Washington until the Senate confirms a permanent replacement. The decision follows Rogoff's lawsuit challenging his removal, which occurred less than an hour after he was sworn into the role on July 15.

Court Ruling on Appointment Authority

Judge Bastian determined that Rogoff is the rightful holder of the office, having been installed by federal district judges in the region. The judge stated that allowing the president to fire a prosecutor appointed by the court would disrupt the constitutional framework and statutory balance between executive appointment powers and the Senate's confirmation role. Bastian noted that such actions could eliminate the incentive for the executive branch to nominate candidates capable of Senate confirmation. The ruling prohibits the Trump administration from enforcing Rogoff's firing, denying him access to office resources, or treating any other individual as the U.S. attorney for the district. Specifically, the court declared that Charles Neil Floyd, who had been directed by the president to perform the duties of the office, is not the U.S. attorney and that his authority to act in that capacity was improperly granted.

Background on the Vacancy

The Seattle U.S. attorney's office has lacked a Senate-confirmed leader since mid-2023. Following the expiration of an interim appointment held by Charles Neil Floyd, district judges exercised their authority under federal law to appoint Rogoff. This statute allows district courts to appoint a U.S. attorney to serve until the Senate confirms a successor if the executive branch has not put forth a nominee. While the Justice Department has announced its intent to appeal and seek a stay of the ruling, Rogoff stated he is focused on assuming his duties. This case marks the first instance of an ousted prosecutor challenging their firing in court, though the administration has faced legal challenges regarding its attempts to install preferred candidates in other states, including Nevada, New York, Virginia, and New Jersey.