A federal judge has blocked President Trump’s dismissal of Roger Rogoff and ordered him reinstated as U.S. Attorney for the Western District of Washington until a Senate-confirmed successor takes office. Rogoff was removed less than an hour after being sworn in following his appointment by a panel of federal judges on July 15. Judge Stanley Bastian called Rogoff the "rightful" officeholder and said a district-appointed U.S. attorney cannot be unilaterally removed. The Justice Department plans to appeal.
Federal Judge Reinstates Seattle U.S. Attorney Roger Rogoff — Blocks Trump’s Dismissal
U.S. President Donald Trump was blocked from firing U.S. Attorney Roger Rogoff by a federal judge, who reinstated him to the post until a replacement is confirmed by the U.S. Senate.File Photo by Maansi Srivastava/EPA
A federal judge on Thursday blocked President Donald Trump’s removal of Roger Rogoff and ordered Rogoff reinstated as U.S. Attorney for the Western District of Washington until a Senate-confirmed successor is in place.
Rogoff, a longtime prosecutor and former state judge, had been appointed to the post on July 15 by a panel of federal district judges after the office was left vacant by the Trump administration. He was removed by the White House less than an hour after taking the oath of office.
Judge's Ruling
U.S. District Judge Stanley Bastian ruled from the bench at the close of a hearing that a U.S. attorney who has been selected and sworn in by a district court cannot be unilaterally removed by the executive branch. Bastian agreed to Rogoff’s request to be restored to the office pending confirmation of a successor by the U.S. Senate, calling Rogoff the “rightful” U.S. attorney for the Western District of Washington since his July 15 appointment.
“A U.S. attorney selected by the court cannot be removed unilaterally,” Bastian said from the bench.
Administration Response and Additional Rulings
The U.S. Department of Justice announced it plans to appeal Bastian’s decision and will immediately seek a stay to halt the order. Last month the White House nominated Simon Peter Serrano to serve as U.S. attorney in Seattle.
In the same ruling, Bastian found that Charles Neil Floyd, who had been overseeing the office, "is not the United States attorney" for the Western District of Washington and that the authority granted to him was "improperly granted."
Why It Matters
The decision raises questions about the scope of the executive branch's authority to remove court-appointed interim U.S. attorneys and could set a precedent affecting similar appointments nationwide. The Justice Department’s planned appeal means the dispute will likely proceed to a higher court.
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