Full Breakdown
Court-Appointed U.S. Attorney Restored, Then Paused, in Seattle
By Drooid · · How we work
Federal Judge Orders Reinstatement of Court-Appointed U.S. Attorney
On October 1, 2026, Chief Judge Stanley Bastian of the federal court in Yakima issued a preliminary injunction ordering the Trump administration to reinstate Roger Rogoff as United States attorney for the Western District of Washington. Rogoff had been appointed by the district judges on July 15, 2026 after the office had remained vacant without a Senate-confirmed nominee. President Donald Trump fired Rogoff less than an hour after he took the oath of office, prompting Rogoff to sue for his removal.
Ninth Circuit Pauses Reinstatement
The 9th U.S. Circuit Court of Appeals issued an administrative stay on October 4, 2026, preserving the status quo while the Justice Department’s appeal proceeds. The stay, granted at the administration’s request, prevents Rogoff from resuming his duties pending resolution of the dispute.
Legal Framework for Court-Appointed Attorneys
Federal law permits district courts to name a U.S. attorney to fill a vacancy when the position lacks a Senate-confirmed appointee. The Attorney General may appoint an interim attorney for up to 120 days; if the vacancy persists, district judges may appoint a prosecutor to serve until the President nominates and the Senate confirms a replacement. The core question is whether the President’s Article II removal authority extends to prosecutors appointed by the courts.
Verbatim Quotes
- “Congress did not give the power to fill this inferior office to the president alone,” — Stanley Bastian, chief judge
- “Rogoff is the United States attorney for the Western District of Washington, and has been the rightful holder of that office since July 15, 2026, when he took the oath of office.” — Stanley Bastian, chief judge
