US attorney who Trump fired minutes after he got the job sues to get it back
Washington State Prosecutor Challenges Trump Administration After Immediate Dismissal
Earthguardiansonline.com – Roger Rogoff, a former federal judge and seasoned prosecutor, has initiated legal proceedings against the Trump administration following his abrupt removal from the position of United States Attorney for the Western District of Washington. The dismissal occurred in a remarkably brief window—less than sixty minutes after a unanimous decision by a panel of federal judges to appoint him to the prestigious role. This lawsuit represents an unprecedented challenge as the current administration continues its efforts to maintain firm control over the federal justice system while navigating the traditional processes of nomination and confirmation for lead prosecutors nationwide.
A Constitutional Question at Stake
Rogoff’s legal complaint, submitted on Tuesday, centers on what he describes as a clear statutory provision. According to the filing, existing law explicitly permits federal judges to select United States attorneys when the position remains vacant pending a Senate-confirmed nominee. The lawsuit emphasizes that no individual has yet been formally nominated for the Washington state position, much less confirmed by the Senate. The legal action seeks to compel the Trump administration to honor the judges’ selection. Rogoff’s attorneys argue that the president’s dismissal of Rogoff constitutes both a constitutional violation and an attempt to unilaterally alter established legal procedures. The complaint asserts that the executive cannot simply grant himself the power to make interim appointments while simultaneously rewriting legislation to require presidential approval of district court selections.
The Administration’s Response
In a social media statement released on the day Rogoff was dismissed, acting Attorney General Todd Blanche defended the administration’s actions. Blanche wrote that while district court judges possess the authority to appoint temporary United States Attorneys, the president retains the power to remove them. The acting attorney general further criticized the Washington judges for departing from what he characterized as a traditional consultation process designed to ensure that selected prosecutors are qualified to serve within the administration’s framework.
A Pattern of Conflict Emerges
Rogoff’s situation is not isolated. Several other instances have emerged where district court judges appointed lead prosecutors who were subsequently dismissed by the Trump administration. While some of these prosecutors have acquiesced and allowed the Justice Department to install its preferred leadership, Rogoff has chosen to fight the dismissal through the courts. Similar tensions have surfaced in multiple regions across the country. In various jurisdictions, the Justice Department has installed top prosecutors whom district court judges determined were not properly appointed, often because excessive time had elapsed before a Senate-confirmed replacement could be secured.
High-Profile Precedents
Perhaps the most prominent example of this institutional conflict occurred in Northern Virginia during the previous year. A federal judge there dismissed several cases that acting United States Attorney Lindsey Halligan had pursued against New York Attorney General Letitia James and former FBI Director James Comey. The judge ruled that Halligan had not been properly appointed and lacked Senate confirmation. Following this setback and accompanying criticism of her tenure, Halligan eventually departed her position. The Justice Department continues to appeal the dismissals related to the Comey and James cases. Additionally, Alina Habba, a former personal attorney to Donald Trump, was compelled to resign after an appeals court determined she was improperly serving as the United States Attorney for New Jersey.
Broader Implications
This ongoing series of disputes highlights fundamental questions about the balance of power within the federal judiciary and the executive branch. As the Trump administration continues to assert greater control over prosecutorial appointments, the legal challenges mounting from district courts may reshape how these critical positions are filled in the future. CNN’s Katelyn Polantz contributed to this report.
