A federal judge on Thursday ordered the Trump administration to reinstate Roger Rogoff as the U.S. attorney for the Western District of Washington, ruling that the president lacks the authority to unilaterally fire a prosecutor appointed by a district court. U.S. District Judge Stanley Bastian delivered the decision following a hearing, finding that Rogoff has been the rightful holder of the office since he was sworn in on July 15, 2026. President Trump had fired Rogoff less than an hour after his appointment.
The case originated after the top federal prosecutor position in Seattle remained vacant without a Senate-confirmed successor since mid-2023. Under federal law, if a temporary appointment expires before a nominee is confirmed, district judges may appoint a U.S. attorney to serve until the vacancy is filled. The 17 active and senior judges in the Western District of Washington unanimously selected Rogoff, a former judge and veteran prosecutor, after the 120-day term of the administration's interim pick, Charles Neil Floyd, expired in February.
Judge Bastian ruled that the president's removal power does not extend to these specific court-appointed roles, stating that allowing such firings would "upend the framework created by the Constitution" regarding Senate advice and consent. The judge prohibited the administration from denying Rogoff access to benefits or obstructing his duties. The Justice Department stated via social media that it disagrees with the ruling, intends to appeal, and will seek an immediate stay to halt the reinstatement.
The legal challenge specifically involves Rogoff, who is an attorney at Osborn Machler & Neff, and Charles Neil Floyd, whom the judge ruled is not the U.S. attorney despite a presidential order directing him to perform those duties. For residents of Western Washington, the ruling determines who will lead federal prosecutions and manage the office's resources. The court stated that maintaining the legally appointed prosecutor is in the public interest to ensure the law is followed.
The conflict follows similar attempts by the Trump administration to install preferred candidates in Nevada, New York, Virginia, and New Jersey, where courts have previously found certain appointments unlawful. However, Rogoff is the first ousted prosecutor to challenge his firing in court. The next steps in the case depend on the timeline of the Justice Department's appeal and its request for a stay. Meanwhile, the nomination of Pete Serrano to the permanent post remains pending in the Senate, where he faces opposition from Sen. Patty Murray (D-WA). Rogoff is permitted to remain in the post until a successor is confirmed by the Senate.