Trump Administration Fires Court-Appointed U.S. Attorney Less Than an Hour After Appointment
The Trump administration removed a newly appointed U.S. attorney less than an hour after he was sworn into office, setting off a fresh confrontation between the executive branch and the federal judiciary over the authority to appoint the nation’s top federal prosecutors.
Roger Rogoff, a former federal prosecutor and King County Superior Court judge, was unanimously selected by the federal judges of the Western District of Washington to serve as U.S. attorney after the previous interim appointment expired. He was sworn in early Wednesday morning in Seattle, but within approximately 54 minutes received an email informing him that his appointment had been terminated by the Trump administration.
The dismissal has intensified an ongoing legal dispute over vacancies in U.S. attorney offices across the country. Under federal law, district courts may appoint a U.S. attorney when an interim appointment expires and no Senate-confirmed nominee has been installed. The Trump administration, however, argues that the Constitution grants the president primary authority over these appointments and has challenged similar court-appointed prosecutors in several jurisdictions. (Reuters)
Rogoff was chosen after a bipartisan selection process conducted by the federal judges in the district. Before accepting the position, he reportedly acknowledged that there was a possibility he could be removed almost immediately because of the ongoing disagreement between the Justice Department and the courts. (Reuters)
Following his dismissal, Rogoff said he was considering legal action to challenge the administration’s decision. Such a lawsuit could become an important constitutional test regarding whether a president has the authority to remove a court-appointed U.S. attorney before a Senate-confirmed replacement takes office.
Acting Attorney General Todd Blanche defended the administration’s decision, arguing that the district court acted without coordinating with the Department of Justice. The administration maintains that federal judges should not independently determine who leads a U.S. attorney’s office and that the executive branch ultimately controls those appointments.
With Rogoff removed, Charles Neil Floyd is expected to continue overseeing the office in a leadership capacity. Floyd had previously served as the administration’s interim choice for the position after being appointed by President Trump. (Reuters)
The dispute reflects broader tensions between the Trump administration and the federal judiciary over appointments to key Justice Department positions. Similar conflicts have unfolded this year in New York and Virginia, where judges appointed interim U.S. attorneys after concluding that vacancies needed to be filled under federal statute, only for the administration to remove those appointees shortly afterward.
Democratic Senator Patty Murray of Washington strongly criticized the firing, describing Rogoff as highly qualified and arguing that his appointment had been made in accordance with federal law. She accused the administration of seeking to bypass the traditional confirmation process and replacing experienced prosecutors with political loyalists. (AP News)
Supporters of the administration counter that U.S. attorneys are executive branch officials who are responsible for carrying out the president’s law enforcement priorities. They argue that allowing federal judges to select prosecutors without executive approval would undermine presidential authority over the Justice Department.
Legal experts expect the dispute could eventually reach higher federal courts if Rogoff files suit. The central question is whether the statutory authority allowing judges to appoint interim U.S. attorneys limits the president’s constitutional power to remove those officials. A judicial ruling on that issue could have significant implications for future administrations and the balance of power between the executive and judicial branches. (Reuters)
The controversy also comes as several U.S. attorney offices continue operating without Senate-confirmed leaders, increasing scrutiny of the appointment process and raising broader questions about how vacancies should be managed when the White House and the Senate have not completed the confirmation process. (Reuters)
For now, Rogoff remains out of office while weighing his legal options. The outcome of any challenge could establish an important precedent for future disputes over federal prosecutor appointments and further define the constitutional relationship between the presidency, the Justice Department and the federal courts.
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