Roger Rogoff, the top federal prosecutor for the western Washington district, filed a lawsuit disputing his termination by the Trump administration. Rogoff was unanimously appointed to his position by federal judges in the district but was fired via email shortly after his swearing-in last Wednesday. According to the lawsuit, the firing violated constitutional protections and disregarded the judges’ authority to appoint him until a Senate-confirmed nominee could be selected.
Rogoff’s case appears to be the first legal challenge from a judicially appointed U.S. attorney who was fired by the Trump administration. Under federal law, when a 120-day interim appointment by the attorney general expires, judges in a judicial district gain authority to name a U.S. attorney who serves until a Senate-confirmed successor is installed. The lawsuit seeks a court declaration that Rogoff’s termination was unlawful and that he retains his position. Rogoff stated through his legal representatives that the administration’s actions violated the Constitution and that such removals “cannot stand.”
Acting Attorney General Todd Blanche has defended the administration’s position, asserting that the President retains authority to fire judicially appointed prosecutors. Blanche noted that the western Washington judges did not consult with the Justice Department before selecting Rogoff and stated the administration acted consistently with previous removals of this type. The Justice Department declined to coordinate with the district’s judiciary on the selection, according to administration statements.
The dispute reflects broader tensions between the Trump administration and the federal judiciary over control of U.S. attorney positions. Other jurisdictions have experienced similar conflicts, including New Jersey and Virginia, where appointees installed by the administration either resigned or had their positions deemed unlawful by courts. The Rogoff case represents the first judicial test of whether the President possesses the legal authority to remove U.S. attorneys appointed by district judges.
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