USA01 October, 20263 min read
Judge Stanley Bastian Blocks Trump From Firing Roger Rogoff, Reinstates Seattle U.S. Attorney
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Judge Stanley Bastian blocks Trump's firing of Rogoff and reinstates him. Court-appointed Rogoff was fired less than an hour after appointment.
Bastian blocks firing
A federal judge in Washington blocked President Donald Trump from firing Roger Rogoff as the top federal prosecutor in Seattle and ordered Rogoff reinstated as U.S. attorney for the Western District of Washington.
“The answer to the question the court is faced with is no. The president cannot unilaterally fire a United States attorney appointed by the district court.”
U.S. District Judge Stanley Bastian said, "The answer to the question the court is faced with is no. The president cannot unilaterally fire a United States attorney appointed by the district court."
Bastian ruled that Rogoff has been the "rightful holder of that office" since July 15, when federal district judges installed him and he took his oath of office.
The judge also said Charles Neil Floyd, the first assistant leading the office, "is not the United States attorney" and that authority to perform the role's responsibilities was "improperly granted."
The Justice Department said it intends to appeal and will immediately seek to halt the ruling, after Trump signed an order directing Floyd "to perform the functions and duties of the office of United States Attorney."
First-of-its-kind test
Judge Stanley Bastian described the case as a first-of-its-kind ruling that tests the scope of a president’s removal power under the Constitution.
Bastian said, "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," and he delivered the decision after an hourlong hearing.
Bastian said a president’s removal powers under the law were limited to Senate-confirmed U.S. attorneys, not those appointed by courts, and he said, "Allowing the president to fire a United States attorney appointed by the court also eliminates the incentive to nominate a candidate that can be confirmed by the Senate."
Rogoff said after leaving the courthouse, "It is a win for the rule of law, not for me," and he added that "That hasn't happened."
The Justice Department told KUOW, "We disagree with the decision and intend to seek an immediate stay and will appeal," while the ruling barred Trump and the Justice Department from interfering with Rogoff’s duties while the lawsuit moves forward.
Broader appointments fight
The ruling came as courts across the country have wrestled with the administration’s efforts to keep in place so-called “interim” U.S. attorneys selected by the president beyond the 120 days federal law allows those prosecutors to serve in the temporary role. Bastian said that once the 120-day period expires, the law gives the local federal court the power to appoint someone to serve as U.S. attorney until the Senate confirms the president’s appointee, and he said, "The president cannot unilaterally fire a United States attorney appointed by the district court." The dispute also intersected with other states where the administration ousted court-appointed U.S. attorneys, and Reuters said the administration has ousted court-appointed U.S. attorneys it did not favor in New York, New Jersey and Virginia.
Rogoff’s case followed months of litigation described by CNN, including a New Jersey dispute where Trump tried to reinstate his original choice for interim U.S. attorney, Alina Habba, after a federal court selected someone else for the role. The decision ordered the Trump administration to not obstruct Rogoff from accessing benefits and resources as the head of the U.S. attorney's office, and Reuters reported that Rogoff said he is "gratified that the district court recognized the importance of following the Constitution and following the law."