Full Breakdown
Judge Blocks Trump’s Removal of Court-Appointed U.S. Attorney in Seattle
By Drooid · · How we work
Core Event: Court Reinstates Roger Rogoff
In early October 2026, U.S. District Judge Stanley Bastian granted a preliminary injunction that reinstated Roger Rogoff as United States Attorney for the Western District of Washington and barred the Justice Department from further steps to remove him. This is the first time a federal judge has directly limited a president’s authority to fire a court-appointed U.S. attorney.
Background & Context
The president nominates U.S. attorneys; the Senate confirms them. If a vacancy persists, judges may appoint an interim attorney for up to 120 days, after which they may name a U.S. attorney to serve until confirmation. President Donald Trump left the Western District post vacant, relying on an “interim” appointment that later shifted to “first assistant” status. On July 15, 2026, the district’s 17 judges appointed Rogoff, a former King County Superior Court judge, to the office. Minutes after Rogoff took the oath, the president fired him via email, prompting Rogoff to sue on constitutional and statutory grounds.
Key Figures & Groups
- Roger Rogoff – appointed by district judges on July 15, 2026.
- Stanley Bastian – chief judge of the Eastern District of Washington, presiding judge.
- John McKay – former U.S. Attorney for the Western District, supporter of Rogoff’s challenge.
- Patty Murray – Democratic U.S. Senator from Washington, opponent of Trump’s nominee Pete Serrano.
- Todd Blanche – Acting Attorney General, representing the Justice Department.
- Pete Serrano – Trump’s nominee for the Western District post; not yet confirmed.
Timeline
- July 15, 2026 – District judges appoint Rogoff; he is sworn in.
- Minutes later – President Trump fires Rogoff by email.
- Subsequent months – Rogoff files a lawsuit alleging unlawful removal.
- Early October 2026 – Judge Bastian issues a preliminary injunction reinstating Rogoff and prohibiting further DOJ action.
Data & Statistics
- Appointment date: July 15, 2026.
- Statutory interim term: 120 days under 28 U.S.C. §546.
- Number of judges who appointed Rogoff: 17.
Why It Matters
The decision may limit presidential removal power over attorneys appointed by district courts, reinforcing the statutory balance between the executive and judicial branches. It also signals potential challenges to similar maneuvers in other districts where courts have ruled against the administration’s use of “first assistant” designations.
Official Statements & Responses
- Senator Patty Murray called the ruling “a win for our democracy” and pledged to block the Senate confirmation of Pete Serrano.
- Former U.S. Attorney John McKay argued that the president’s attempt to install loyalists without Senate approval undermines constitutional checks and balances.
Criticism & Opposition
The Justice Department maintains that the Constitution grants the president authority to remove any U.S. attorney, including those appointed by courts, and contends that the statutes do not restrict that power.
Conflicting Reports & Gaps
- Justice Department position: The president can fire Rogoff; removal power is not limited by judges’ appointment authority.
- Judge Bastian’s ruling: The president cannot unilaterally fire a court-appointed U.S. attorney; removal is limited to Senate-confirmed appointees.
No appellate decision has yet resolved this dispute, leaving the scope of presidential removal authority unsettled.
What’s Next
The Justice Department plans to appeal the injunction to the Ninth Circuit. The appellate outcome will determine whether Rogoff remains in office pending Senate confirmation of a successor and could shape future battles over the appointment and removal of U.S. attorneys nationwide.