A federal judge has ordered the reinstatement of Roger Rogoff as U.S. attorney for the Western District of Washington, ruling that President Donald Trump’s termination of the prosecutor was unlawful. The decision marks a significant legal challenge to the administration’s authority to remove court-appointed officials.
The Appointment and Termination
In July, all 17 active and senior judges in the Western District of Washington unanimously selected Rogoff to serve as U.S. attorney. This judicial appointment occurred because President Trump had failed to submit a nominee for Senate confirmation to fill the vacancy. Under federal law, district judges may appoint an individual to serve “until the vacancy is filled” when the executive branch does not provide a confirmed successor.
President Trump fired Rogoff less than one hour after he took the oath of office on July 15, 2026. Rogoff subsequently filed a lawsuit challenging his removal. U.S. District Judge Stanley Bastian, who presided over the case because judges in western Washington recused themselves, ruled Thursday that the termination violated statutory authority.
Judge Bastian concluded that Rogoff remains the rightful holder of the office. The judge emphasized that the statute allowing judicial appointments does not include language permitting removal by the president once the appointment is made. “It does not say ‘until the president fires the person selected,'” Bastian said.
Administrative Response and Political Context
The Justice Department immediately disagreed with the ruling and announced plans to appeal the decision. The dispute centers on the scope of presidential power versus judicial authority in staffing federal prosecutor offices. Temporary appointments for U.S. attorneys can last up to 120 days without Senate confirmation, but Rogoff’s status was derived from a judicial selection rather than an interim executive appointment.
The vacancy in Seattle has persisted since October 2025, when Charles Neil Floyd served as interim U.S. attorney. President Trump never forwarded Floyd’s nomination to the Senate. When Floyd’s interim period expired, the administration shifted his title to first assistant U.S. attorney, leaving the top post empty. Last month, Trump nominated Pete Serrano, a first assistant U.S. attorney in eastern Washington, to fill the Seattle position. Senator Patty Murray has opposed Serrano’s nomination, and he remains unconfirmed.
Senator Murray praised the judicial decision, stating that it protects the rule of law for residents in Western Washington. “Today’s ruling is an important victory for the rule of law and the people in Western Washington who deserve a U.S. attorney that answers to the law, not Donald Trump,” Murray said.
National Pattern of Disputes
Rogoff is believed to be the first judicially appointed U.S. attorney to sue over removal by the Trump administration. The case follows similar legal battles in other districts where courts have challenged the legality of executive appointments and terminations.
In New Jersey, Alina Habba resigned as top federal prosecutor in December after an appeals court ruled her service unlawful. In Virginia, Lindsey Halligan left her position as acting U.S. attorney after a judge concluded her appointment was invalid. A judge in Virginia also dismissed indictments brought by Halligan against James and former FBI Director James Comey. Additionally, judges in Virginia appointed James Hundley, who had handled cases for more than 30 years, but the administration fired him. The administration also terminated a court-appointed U.S. attorney in northern New York.
The Seattle case highlights ongoing tensions between the executive branch and the federal judiciary regarding the appointment and removal of federal prosecutors. Judge Bastian’s ruling asserts that judicial appointments carry statutory weight that the president cannot unilaterally override without following proper vacancy-filling procedures.