Judge Blocks Trump’s Firing of Seattle U.S. Attorney Roger Rogoff

WASHINGTON — A federal judge on Thursday issued an injunction blocking President Trump’s dismissal of Roger Rogoff from his position as the top federal prosecutor in Seattle, ruling that the president lacks the authority to unilaterally remove a U.S. attorney appointed by a district court.

U.S. District Judge Stanley Bastian granted Rogoff’s request for reinstatement effective immediately, stating that Rogoff would remain in the role until the Senate confirms a successor. The White House had nominated Simon Peter Serrano for the position last month.

Bastian determined that Rogoff is the legitimate U.S. attorney for the Western District of Washington, having assumed the office on July 15 after being installed by federal district judges in the region and taking his oath of office. The president terminated Rogoff’s employment less than an hour after he was sworn in.

“The real issue to be decided in this case by this court appears to be one of first impression: can the president fire a U.S. attorney appointed by the district court?” Bastian said during the hearing. “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.”

The Justice Department announced it intends to appeal the decision and will seek an immediate stay of the ruling. Additionally, Bastian clarified that Charles Neil Floyd, the first assistant who has been managing the office, does not hold the title of U.S. attorney. The judge stated that authority granted to Floyd via a presidential order last week was “improperly granted.”

Bastian argued that permitting the president to remove a court-appointed U.S. attorney would disrupt the constitutional and statutory framework designed to balance the executive’s appointment power with the Senate’s confirmation authority. He noted that such a precedent would eliminate the incentive for the president to nominate candidates capable of securing Senate approval, thereby undermining cooperation between the branches.

“The court finds it is in the public interest that the law be followed and that Mr. Rogoff take the office to which he has already taken the oath of office,” Bastian said. The order prohibits the administration from denying Rogoff access to position benefits, resources, or his ability to perform his duties, and forbids treating anyone other than Rogoff as the U.S. attorney.

The Seattle U.S. attorney’s office has lacked a Senate-confirmed leader since mid-2023. After President Trump took office, he dismissed Tessa Gorman, who had been serving temporarily before district judges appointed her in May 2024. Floyd led the office as interim U.S. attorney starting in October, but his 120-day term expired in February. He subsequently continued leading the office as first assistant.

With no nominee presented by Trump, district judges exercised their authority under a federal vacancy law to appoint Rogoff. The statute allows the attorney general to name an interim U.S. attorney for 120 days; once that period ends, district courts may extend the tenure or appoint their own candidate until a replacement is confirmed by the Senate.

Following his dismissal, Rogoff filed a lawsuit challenging the termination as unlawful, asserting that the administration’s actions could allow the executive branch to indefinitely evade the Senate’s advice-and-consent role. While Trump has attempted to install preferred candidates in other jurisdictions, including Nevada, New York, Virginia, and New Jersey—with some federal courts finding those appointments unlawful—Rogoff appears to be the first fired prosecutor to successfully challenge his removal in court on these specific grounds.