U.S. District Judge Stanley Bastian blocked President Trump's firing of Roger Rogoff, the top federal prosecutor in Seattle, on Thursday, ruling the president lacks authority to remove a U.S. attorney tapped by a district court.
Bastian reinstated Rogoff, finding he remains the rightful U.S. attorney for the Western District of Washington since taking his oath of office on July 15. Trump fired Rogoff less than an hour after his swearing-in and last month nominated Simon Peter Serrano to the position.
The judge framed the case as one of first impression: "Can the president fire a U.S. attorney appointed by the district court?" He answered directly: "The answer is no. The president cannot unilaterally fire a United States attorney appointed by the district court."
Bastian also rejected Trump's attempt to install Charles Neil Floyd, the first assistant U.S. attorney, to run the office. The judge declared Floyd "is not the United States attorney" and said the authority granted to him was "improperly granted."
The ruling rests on constitutional balance. Bastian emphasized that allowing a president to fire a court-appointed U.S. attorney would "upend the framework created by the Constitution and the statutes," which splits appointment power between the president and Senate confirmation. Unilateral removal, he noted, "eliminates the incentive to nominate a candidate that can be confirmed by the Senate."
The judge issued a sweeping injunction: the Trump administration cannot implement Rogoff's firing, cannot deny him access to his office's benefits or resources, and cannot treat anyone else as the Seattle U.S. attorney. Rogoff will remain in the position until the Senate confirms Serrano or another Trump nominee.
The Justice Department said it intends to appeal and will seek to halt the ruling's effect, setting up a direct legal confrontation between the executive and judicial branches over removal powers—a question that could reach the Supreme Court.
