Judge overturns Trump's decision to fire court-appointed US attorney in Seattle
A judge has overturned President Donald Trump’s decision to fire the court-appointed top U.S. prosecutor in Seattle
SEATTLE -- A judge on Thursday overturned President Donald Trump's decision to fire the court-appointed top U.S. prosecutor in Seattle, the latest development in a legal tug-of-war over the administration’s efforts to control who occupies the powerful Justice Department posts.
The 17 active and senior judges in the Western District of Washington unanimously named Roger Rogoff, a former judge and veteran prosecutor, U.S. attorney in July, after Trump failed to fill the post with a nominee confirmed by the U.S. Senate.
The president fired Rogoff less than an hour later. Rogoff sued, and in a ruling Thursday, U.S. District Judge Stanley Bastian found the termination unlawful and reinstated him.
Bastian noted that when presidents fail to fill a U.S. attorney post with a nominee confirmed by the Senate, federal law authorizes the judges of that district to appoint someone “until the vacancy is filled.”
“It does not say ‘until the president fires the person selected,’” Bastian said.
He concluded: “Mr. Roger Rogoff is the United States attorney for the Western District of Washington and has been the rightful holder of that office since July 15, 2026, when he took the oath of office.”
The Justice Department said in a written statement it disagreed with the decision and would appeal.
Rogoff is the latest in a series of judicially appointed U.S. attorneys to be ousted by the Trump administration, and he is believed to be the first to sue over the removal, setting up a direct legal battle over the issue.
Presidents normally appoint U.S. attorneys, the top federal prosecutor in each judicial district. The positions require Senate confirmation, except in temporary appointments, which can last up to 120 days. When temporary appointments expire before a nominee is confirmed, the judges in a judicial district can name a U.S. attorney.
But under Trump, the Justice Department has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers. Trump named Charles Neil Floyd, who previously served as an immigration judge, interim U.S. attorney in Seattle in October 2025 but never forwarded his nomination to the Senate.
When Floyd’s time as interim U.S. attorney expired, Trump simply shifted his title, a tactic the administration has also tried in other federal judicial districts: It named him first assistant U.S. attorney, while leaving the top post empty.
Trump last month nominated Pete Serrano, the first assistant U.S. attorney in eastern Washington, to be the U.S. attorney in Seattle. But Serrano has not been confirmed, and his nomination is opposed by Washington's senior Democratic senator, Patty Murray.
"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 in a written statement Thursday.
Bastian is the chief judge in eastern Washington. He heard the case because the judges in western Washington were recused.
In December, Alina Habbaresigned as the top federal prosecutor for New Jersey after an appeals court said she had been serving in the post unlawfully.
Lindsey Halligan, who pursued indictments against a pair of Trump’s adversaries, left her position as an acting U.S. attorney in Virginia after a judge concluded her appointment was unlawful and that indictments she brought against James and former FBI Director James Comey must be dismissed.
The judges there named James Hundley, who had handled criminal and civil cases for more than 30 years, but the administration fired him. It also fired a court-appointed U.S. attorney in northern New York.
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