U.S.
Judge restores Seattle’s court-appointed U.S. attorney after Trump firing
The ruling puts Roger Rogoff back in charge of the Western District of Washington’s U.S. attorney’s office while his challenge proceeds. The Justice Department says it will seek an immediate stay and appeal.
Executive summary
- What the judge did: U.S. District Judge Stanley Bastian granted Roger Rogoff’s request for a preliminary injunction, restoring him as U.S. attorney for the Western District of Washington after President Donald Trump removed him shortly after the district judges appointed him in July, according to KUOW and the Associated Press.[1][2][3]
- The legal question: Federal law allows a district court to appoint a U.S. attorney after an interim appointment expires, and says the court appointee serves until the vacancy is filled. Bastian ruled that the president could not unilaterally remove Rogoff from that court-appointed role.[4][3][1][5]
- What remains unsettled: This is a preliminary ruling in one case, not a final appellate decision. The Justice Department says it intends to seek an immediate stay and appeal, so the order’s next steps remain uncertain.[1][2][5]
The Western District of Washington’s judges appointed Rogoff on July 15 to lead the U.S. attorney’s office after the post remained vacant without a Senate-confirmed nominee. Their order invoked 28 U.S.C. § 546(d), which authorizes a district court to appoint a U.S. attorney after a temporary appointment expires. President Trump removed Rogoff less than an hour after he took the oath, prompting Rogoff to sue.[3][4][2][1]
At a preliminary-injunction hearing on Thursday, Oct. 1, Judge Stanley Bastian ruled that Rogoff could return to the office. KUOW reported that the injunction bars the administration from removing him until a Senate-confirmed replacement takes office. Bastian said the president cannot unilaterally fire a U.S. attorney appointed by the district court, according to KUOW and Reuters.[6][1][5][2]
The dispute turns on how the vacancy law and presidential appointment process fit together. Under 28 U.S.C. § 546(d), a district court may appoint a U.S. attorney when an interim appointment reaches its 120-day limit; the appointee serves until the vacancy is filled. Section 541(a) describes the usual route: presidential appointment with Senate advice and consent. The July appointment order says Rogoff was selected under the vacancy provision and was to serve until a Senate-confirmed officer filled the post.[4][7][3]
The government argued that the president retained removal authority over a U.S. attorney, KUOW reported. Bastian’s decision is the first reported court ruling directly addressing the removal of a court-appointed U.S. attorney in this dispute. It settles neither the ultimate merits of Rogoff’s lawsuit nor what courts will decide in other districts.[1][5][2]
The Justice Department said it disagrees with the ruling and plans to seek an immediate stay and appeal. A stay could pause the injunction while a higher court considers the dispute; the reports available Thursday afternoon did not establish whether a stay had been granted. The order is preliminary, so the case remains open even if Rogoff resumes his duties for now.[1][2][5]
The case is part of a broader clash over who controls interim U.S. attorney appointments when the Senate has not confirmed a permanent nominee. The ruling gives Rogoff a near-term victory in Western Washington, while an appeal could determine whether that protection survives beyond the district court.[1][2][5][3]