President Donald Trump cannot unilaterally remove court-appointed U.S. attorneys, a federal judge ruled on Thursday in Washington state, immediately reinstating Roger Rogoff as the top federal prosecutor in Seattle.
U.S. District Judge Stanley Bastian delivered the bench ruling following an hourlong hearing, granting a preliminary injunction that blocks the Trump administration from interfering with Rogoff’s service or treating anyone else as the rightful occupant of the office according to court documents. The decision marks a first-of-its-kind ruling that tests whether a president possesses the constitutional authority to fire a prosecutor chosen directly by district court judges rather than confirmed by the Senate.
How Roger Rogoff Secured the Seattle Post and Was Fired Within Minutes
The dispute stems from a vacancy that opened after former U.S. Attorney Nick Brown resigned in 2023 as the office operated without a Senate-confirmed leader. When President Trump took office, he dismissed Tessa Gorman, who had been serving temporarily before local judges appointed her in May 2024. Charles Neil Floyd then led the Seattle office as interim U.S. attorney starting in October.
Once that temporary term lapses without a Senate confirmation, federal law grants the local district court the authority to appoint someone until the vacancy is filled
pursuant to statutory provisions governing vacancies, under a federal statute where an interim U.S. attorney appointed by the attorney general is subject to a strict 120-day clock which expired in February.
Exercising that authority, the 17 active and senior judges in the Western District of Washington unanimously named Roger Rogoff—a veteran prosecutor and former King County Superior Court judge—to the post on July 15, 2026. Rogoff took his oath of office at the Seattle courthouse that morning only to receive an email notifying him of his firing less than an hour later. Following his dismissal, Rogoff filed a lawsuit against President Trump and Acting U.S. Attorney General Todd Blanche, arguing his termination was unconstitutional.
Judge Stanley Bastian Rejects Unilateral Removal and Reinstates the Prosecutor
Bastian, the chief judge of the U.S. District Court for the Eastern District of Washington who presided over the case after local judges recused themselves due to potential conflicts, dismantled the administration’s legal argument during Thursday’s proceedings. He ruled that executive removal powers extend only to Senate-confirmed appointees and do not reach prosecutors installed by the judiciary.
“Mr. Roger Rogoff is the United States Attorney for the Western District of Washington and has been the rightful holder of that office since July 15, 2026, when he took the oath of office.”
U.S. District Judge Stanley Bastian, via Politico
Bastian emphasized that federal law authorizes district judges to fill expired interim vacancies until the vacancy is filled
rather than until the president decides to issue a dismissal as lawyers for the administration argued. The judge formally determined that Rogoff has been the rightful holder of that office since taking his oath in July. Bastian also noted that Charles Neil Floyd was not the legitimate United States attorney for the district and that authority to perform those responsibilities had been improperly granted.
The preliminary injunction bars the Executive Office of the President, Attorney General Todd Blanche, and the Justice Department from attempting any purported firing of Rogoff, interfering with his duties, or recognizing anyone else as the U.S. attorney for Western Washington. The ruling also strips Charles Neil Floyd of the administrative authority the administration granted him after shifting his title to first assistant U.S. attorney to leave the top post vacant. Rogoff is permitted to go back to handling his office’s official duties and receiving its perks, such as staff assistance, system access, and retroactive pay, as stipulated by the injunction.
Federal Courts Block Interim Workarounds in Multiple States
The Seattle showdown mirrors similar legal skirmishes across the country where federal courts have blocked similar interim workarounds in states including New York, New Jersey, and Virginia. In the Eastern District of Virginia, another federal judge recently ruled that Lindsey Halligan was unlawfully serving as interim U.S. attorney, complicating prosecutions brought by her office. James Hundley, a jurist with three decades of experience overseeing both civil and criminal matters, was chosen by judges in that jurisdiction, yet the administration terminated his appointment as well.
While the Trump administration last month nominated Pete Serrano—the first assistant U.S. attorney in Eastern Washington and a former Pasco mayor—to lead the Seattle office, Serrano has not been confirmed and faces opposition from Washington Democratic Senator Patty Murray. Bastian refused the administration’s request to pause his ruling while Justice Department attorneys pursue an appeal to the 9th U.S. Circuit Court of Appeals. The Justice Department stated it disagrees with the decision, maintains that the president retains constitutional removal power, and will immediately seek to halt the ruling.
