Federal Judge Blocks Trump From Firing Court-Appointed US Attorney

A federal judge in Seattle ruled Thursday that President Trump unlawfully fired Roger Rogoff, a court-appointed U.S. attorney, and ordered his reinstatement. Judge Stanley Bastian found that federal law does not permit presidents to remove prosecutors appointed by district courts after Senate confirmation fails. The ruling marks the first legal victory for a court-appointed U.S. attorney challenged by the Trump administration and raises urgent constitutional questions about separation of powers.

How the firing and lawsuit unfolded

The 17 active and senior judges in the Western District of Washington unanimously appointed Roger Rogoff, a former judge and veteran prosecutor, as U.S. attorney in July after Trump failed to fill the post with a Senate-confirmed nominee. Trump fired Rogoff less than an hour after his swearing-in on July 15. Rogoff sued, and on October 1, Judge Stanley Bastian ruled the termination unlawful and reinstated him to the position.

What the judge’s ruling says

Bastian noted that federal law authorizes district judges to appoint a U.S. attorney “until the vacancy is filled” when presidents fail to nominate a Senate-confirmed candidate. “It does not say ‘until the president fires the person selected,'” Bastian said. He concluded that a president’s removal power under the law is limited to Senate-confirmed U.S. attorneys, not those appointed by courts. Bastian also noted that allowing presidents to fire court-appointed prosecutors eliminates incentive to nominate candidates confirmable by the Senate.

The broader constitutional battle

Rogoff is believed to be the first court-appointed U.S. attorney to sue over removal, setting up a direct legal battle over presidential power. The Trump administration has ousted court-appointed U.S. attorneys in New York, New Jersey, and Virginia, but none challenged the firings until now. The Justice Department said it disagrees with Bastian’s decision and will appeal. Erin Carr, an assistant professor of law at Seattle University, said the case raises separation of powers questions that implicate all three branches of government and reflects a strategy by the administration to bypass Senate confirmation to install loyalists in high-level Justice Department positions.

What happens next

The Justice Department appealed immediately after Bastian’s ruling and asked a higher court to freeze the decision. Rogoff, an attorney at the law firm Osborn Machler & Neff, said in a statement he is “gratified that the district court recognized the importance of following the Constitution and following the law” and is “hard at work onboarding” at the U.S. Attorney’s Office.

Final Thoughts

Bastian’s ruling marks the first judicial victory for a court-appointed U.S. attorney against Trump’s removal power. The case will likely reach higher courts and could reshape how presidents fill federal prosecutor positions when Senate confirmation stalls.

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