US attorney who Trump fired minutes after he got the job sues to get it back
Washington Prosecutor Launches Legal Battle After Immediate Dismissal Following Judicial Appointment
Healfromzero.com – Roger Rogoff, a seasoned legal professional who previously served as both a judge and prosecutor, has initiated litigation against the Trump administration. His legal challenge stems from being removed from his position as United States Attorney for the Western District of Washington less than sixty minutes after federal judges unanimously selected him for the role. This lawsuit represents the inaugural case of its nature as the current administration persists in its efforts to maintain firm control over federal prosecutorial appointments nationwide.
The Timeline of Appointment and Dismissal
The sequence of events unfolded rapidly last week when a panel of federal judges in Washington state voted without dissent to name Rogoff as the region’s chief prosecutor. Despite this clear judicial endorsement, the Trump administration moved swiftly to terminate his appointment. Rogoff filed his formal complaint on Tuesday, asserting that existing statutes explicitly permit federal judges to designate interim US attorneys whenever the position remains vacant pending Senate confirmation of a presidential nominee. According to the legal filing, no individual has yet been formally nominated for the Washington vacancy, much less confirmed by the Senate. The lawsuit contends that the administration’s actions not only contravene established legal frameworks but also potentially violate constitutional principles by allowing the President to unilaterally alter statutory procedures.
Legal Arguments and Constitutional Concerns
Central to Rogoff’s legal challenge is the assertion that the executive branch overstepped its authority. The complaint emphasizes that while the President possesses the power to dismiss judges’ appointees, he cannot simultaneously claim the right to make those interim selections himself or modify the law to demand presidential approval of district court choices. Acting Attorney General Todd Blanche responded to the situation through a social media statement issued on the day Rogoff was dismissed. In his message, Blanche acknowledged the procedural dynamics at play: “District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them.” However, he also criticized the Washington judges for bypassing traditional consultation protocols with the administration, arguing that such dialogue ensures selected prosecutors possess the qualifications necessary to serve effectively under the current executive branch.
A Pattern of Court-Administration Conflicts
Rogoff’s situation is not unprecedented within the current administration’s approach to federal prosecutorial appointments. Several other instances have emerged across the nation where district court judges have appointed prosecutors whom the Trump administration subsequently dismissed or challenged. While some of these appointed prosecutors have yielded and allowed the Justice Department to install its preferred leadership, Rogoff has chosen to fight the dismissal through the courts. The Justice Department has encountered similar complications in multiple jurisdictions. In various regions, federal prosecutors have been installed by the department despite district court judges determining that these appointments were invalid due to excessive delays in Senate confirmation of proper replacements.
High-Profile Precedents
One of the most prominent examples of this institutional tension occurred in Northern Virginia during the previous year. Federal Judge T.S. Ellis III dismissed numerous cases that then-acting US Attorney Lindsey Halligan had pursued against New York Attorney General Letitia James and former FBI Director James Comey. The judge ruled that Halligan lacked proper appointment credentials and had not received Senate confirmation for her position. Following these dismissals and the accompanying controversy, Halligan eventually departed her role. The Justice Department continues to appeal the court’s decisions regarding the Comey and James cases, maintaining that the legal proceedings should proceed. Another significant development involved Alina Habba, a former personal attorney to Donald Trump, who was compelled to resign after an appeals court determined she had been improperly serving as US Attorney for New Jersey.
Looking Ahead
CNN has contacted the Department of Justice to request additional commentary on the Rogoff lawsuit. The outcome of this case could establish important precedents regarding the balance of power between district courts and the executive branch in determining who leads federal prosecutorial offices. Katelyn Polantz of CNN contributed reporting to this coverage.