President Donald Trump fired Roger Rogoff, the newly appointed U.S. attorney for the Western District of Washington, less than an hour after he was sworn into office Wednesday, setting up a potential legal fight over the president’s authority to remove a court-appointed federal prosecutor.
Rogoff, a former judge and veteran public servant, was sworn in around 8 a.m. on Wednesday. Fifty-four minutes later, while waiting to meet with former interim U.S. Attorney Charles Neil Floyd, Rogoff received an email from the Trump administration informing him he had been removed, according to the Associated Press. Rogoff said he is consulting with attorneys about potentially challenging his firing in court.
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U.S. attorneys are typically nominated by the president and confirmed by the Senate. When there’s a vacancy, federal law allows the attorney general to appoint an interim U.S. attorney for up to 120 days. If that term expires before a Senate-confirmed nominee takes office, federal law authorizes the federal district court to appoint a temporary U.S. attorney.
After Floyd’s interim appointment expired, the court, which included 17 active and senior judges appointed by five presidents, issued a unanimous order naming Rogoff the U.S. attorney for western Washington.
Acting Attorney General Todd Blanche defended Trump’s decision, arguing the court had bypassed the traditional consultation process with the administration.
“District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them,” Blanche wrote on X. “WDWA judges abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration.”
“Roger Rogoff has been fired by the President,” he added.
Trump initially named Floyd, a former immigration judge, interim U.S. attorney in October, but the president never submitted his nomination to the Senate. After Floyd’s 120-day term expired, the administration designated him as first assistant U.S. attorney while leaving the top position vacant, which is a strategy the administration has used in other districts.
In May, a federal appeals court panel questioned whether that maneuver complied with federal law. The judges in the Western District of Washington subsequently opened an application process and appointed a bipartisan panel to review candidates before unanimously selecting Rogoff.
Sen. Patty Murray (D-WA) of Washington, who opposed Floyd’s appointment, condemned Rogoff’s dismissal.
“Throughout his career, he has demonstrated an outstanding commitment to public service, and he was appointed legally by the federal judges in the Western District of Washington,” Murray said in a statement. “This administration doesn’t want to deal with advice and consent—they just want to install cronies to carry out a corrupt political agenda.”
Rogoff said he anticipated the administration could remove him immediately but accepted the appointment anyway.
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“Being U.S. attorney is the best job there is” for a prosecutor, Rogoff said to the Associated Press.
“I’m really proud of my career,” he added. “The fact that the judges of this district — most of whom I’ve spent my career appearing in front of, or trying cases against, or working with — believed that I was the right person to do this work is just really humbling and amazing.”
