Judge blocks Trump’s firing of Seattle’s top federal prosecutor, reinstates him as US attorney

Washington- A federal judge on Thursday blocked President Trump’s firing of Roger Rogoff from his post as top federal prosecutor in Seattle, ruling that the president cannot unilaterally remove a U.S. attorney appointed to the post by a district court.

U.S. District Judge Stanley Bastian issued his ruling following a hearing in which he agreed to grant Rogoff’s request to reinstate him until the Senate confirms his replacement. Mr. Trump last month nominated Simon Peter Serrano to serve as U.S. attorney in Seattle.

Bastian ruled that Rogoff is the U.S. Attorney in the Western District of Washington and has been the “rightful incumbent of that office” since July 15, when federal district judges in the region appointed him to the position and he was sworn in.

Mr. Trump fired Rogoff less than an hour after taking the oath.

“The real question that will 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, later adding: “The answer to the question the court faces is no. The president cannot unilaterally fire a U.S. attorney appointed by the district court.”

The Justice Department said it intended to appeal and would immediately seek to overturn the decision.

In addition to declaring Rogoff the United States attorney, Bastian said that Charles Neil Floyd, the first assistant who headed the office, “is not the United States Attorney” for the Western District of Washington, and that authority to assume the responsibilities of that role was “wrongly granted.”

Mr. Trump signed an order last week directing Floyd “to perform the functions and duties of the United States Attorney’s Office.”

“Allowing the president to fire a district court-appointed U.S. Attorney would upend the framework created by the Constitution and statutes, which together balance the president’s right of appointment and the Senate’s right of confirmation,” Bastian said. “Allowing the president to fire a court-appointed U.S. attorney also eliminates the incentive to nominate a nominee who can be confirmed by the Senate. In other words, the executive and legislative branches are expected and encouraged to work together.”

In his oral order, the judge barred the Trump administration from carrying out Rogoff’s firing until the U.S. attorney position is filled by a Senate-confirmed nominee. He also said the administration cannot purport to remove Rogoff from his position, deny him access to the benefits or resources of the position, or prevent Rogoff from fulfilling his duties.

Finally, Bastian said the Trump administration could not treat anyone other than Rogoff as U.S. Attorney.

“The court finds that it is in the public interest that the law be followed and that Mr. Rogoff assume the office for which he was already sworn in,” he said.

“I care deeply about the rule of law and the careful checks and balances envisioned by our Founders and implemented by Congress,” Rogoff said in a statement provided to CBS News. “I am enjoying the legal process and am now focused on assuming the role of U.S. Attorney and getting to work for the people of Western Washington.”

The U.S. attorney’s office in Seattle has not had a Senate-confirmed leader since mid-2023. After Mr. Trump took office, he fired Tessa Gorman as the office’s top prosecutor. She was in the position temporarily before district court judges appointed her to the position in May 2024.

Floyd began leading the office as acting U.S. attorney in October, but his appointment was subject to a 120-day deadline, which expired in February. He then began serving as First Assistant United States Attorney, second in command, and said at the time that he would continue to lead the office.

Because Mr. Trump had not yet put forward a nominee to serve as the top federal prosecutor in Seattle, district judges exercised their authority under a federal law governing U.S. attorney vacancies to recruit Rogoff for the job. This law authorizes the Attorney General to appoint an Acting United States Attorney, subject to a 120-day term. Once that appointment expires, the district court can either agree to extend that prosecutor’s term or appoint its own U.S. Attorney until the Senate confirms his or her replacement.

After his rapid fire, Rogoff filed a complaint against the Trump administration and argued that his impeachment was illegal. He argued that if not blocked by the court, the Trump administration’s “actions will allow the executive branch to indefinitely evade the Senate’s advice and consent role.”

Mr. Trump tried to install its preferred candidates for U.S. Attorney in several other locations, including Nevada, New York, Virginia and New Jersey. In these cases, some of which involve a slightly different mechanism, federal courts have found the appointments illegal.

Rogoff, however, appears to be the first ousted prosecutor to challenge his dismissal in court.