In a significant ruling on Thursday, a federal judge intervened in the dismissal of Roger Rogoff from his role as the lead federal prosecutor in Seattle, determining that President Trump lacks the authority to unilaterally terminate a U.S. attorney appointed by a district court.
U.S. District Judge Stanley Bastian announced his decision following a hearing, granting Rogoff’s appeal for reinstatement until a replacement is confirmed by the Senate. Recently, President Trump nominated Simon Peter Serrano for the U.S. attorney position in Seattle.
Judge Bastian affirmed that Rogoff has been the legitimate U.S. attorney for the Western District of Washington since July 15, when he was appointed by local federal judges and officially took his oath of office.
Notably, Trump dismissed Rogoff less than an hour after his swearing-in ceremony.
“The central issue for this court appears to be unprecedented: does the president have the power to remove a U.S. attorney appointed by a district court?” Bastian stated, later concluding that the answer is negative. “The president cannot independently dismiss a United States attorney appointed by the district court.”
The Justice Department has indicated plans to appeal the ruling and will seek an immediate stay on the decision.
In addition to recognizing Rogoff as the U.S. attorney, Bastian clarified that Charles Neil Floyd, who has been managing the office, is “not the United States attorney” for the Western District of Washington, asserting that his authority to perform the role’s functions was “improperly granted.”
Last week, Trump issued an order directing Floyd to “perform the functions and duties of the office of United States Attorney.”
Bastian emphasized that allowing the president to dismiss a U.S. attorney appointed by the district court would disrupt the constitutional framework designed to balance the president’s appointment authority with the Senate’s confirmation role. Such a scenario would also diminish the incentive for the administration to nominate candidates who could be confirmed by the Senate, reinforcing the necessity for collaboration between the executive and legislative branches.
In his oral ruling, Bastian prohibited the Trump administration from implementing Rogoff’s dismissal until the U.S. attorney position is filled by a Senate-confirmed individual. He also barred the administration from preventing Rogoff from accessing the benefits and resources associated with his position or obstructing his ability to fulfill his duties.
Moreover, Bastian asserted that the Trump administration cannot recognize anyone other than Rogoff as the U.S. attorney.
“The court believes it is in the public interest for the law to be upheld and for Mr. Rogoff to assume the office for which he has already been sworn in,” he stated.
The Seattle U.S. attorney’s office has been without a Senate-confirmed leader since mid-2023. Following Trump’s inauguration, he dismissed Tessa Gorman, who was temporarily serving as the top prosecutor until she was appointed by the district court judges in May 2024.
Floyd began serving as interim U.S. attorney in October, but his appointment was limited to a 120-day term, which expired in February. Subsequently, he transitioned to the role of first assistant U.S. attorney, the second-in-command, and stated he would continue overseeing the office.
Since Trump had not nominated a candidate for the top federal prosecutor role in Seattle by that time, the district judges exercised their authority under federal law governing U.S. attorney vacancies to appoint Rogoff. This law allows the attorney general to appoint an interim U.S. attorney for a term of 120 days. Upon the expiration of that term, the district court can either extend the interim’s tenure or appoint its own U.S. attorney until a Senate confirmation occurs.
After his abrupt dismissal, Rogoff initiated legal action against the Trump administration, contending that his removal was unlawful. He maintained that if the court did not intervene, the administration’s actions would enable the Executive Branch to circumvent the Senate’s role in providing advice and consent indefinitely.
President Trump has made efforts to replace U.S. attorneys in various states, including Nevada, New York, Virginia, and New Jersey, where federal courts have deemed some of those appointments unlawful. However, Rogoff appears to be the first prosecutor to legally contest his termination.
