Judge reinstates Seattle’s U.S. attorney after blocking Trump’s firing

Washington — A federal judge on Thursday blocked President Trump’s firing of Roger Rogoff from his post as the top federal prosecutor in Seattle, finding the president cannot unilaterally remove a U.S. attorney who has been tapped to the post by a district court.

U.S. District Judge Stanley Bastian delivered his decision from the bench at the end of a hearing, during which he agreed to grant Rogoff’s request to reinstate him until the Senate confirms a replacement. Mr. Trump nominated Simon Peter Serrano to the position of U.S. attorney in Seattle last month.

Bastian ruled that Rogoff is the U.S. attorney in the Western District of Washington and has been the “rightful holder of that office” since July 15, when the federal district judges in the region installed him to the role and he took his oath of office. 

Mr. Trump fired Rogoff less than an hour after he was sworn in.

“The real issue to be decided in this case by this court appears to be one of first impression: can the president fire a U.S. attorney appointed by the district court?” Bastian said, later adding, “The answer to the question the court is faced with is no. The president cannot unilaterally fire a United States attorney appointed by the district court.”

The Justice Department said it intends to appeal and will immediately seek to halt the ruling.

In addition to declaring Rogoff as the U.S. attorney, Bastian said Charles Neil Floyd, the first assistant who has been leading the office, “is not the United States attorney” for the Western District of Washington, and authority to perform the role’s responsibilities was “improperly granted.”

Mr. Trump signed an order last week that directed Floyd “to perform the functions and duties of the office of United States Attorney.”

“Allowing the president to fire a U.S. attorney appointed by the district court would upend the framework created by the Constitution and the statutes, which together balance the president’s right to appoint and the Senate’s right to confirm,” Bastian said. “Allowing the president to fire a United States attorney appointed by the court also eliminates the incentive to nominate a candidate that can be confirmed by the Senate. In other words, the executive and legislative branches are supposed to and encouraged to work together.”

In his oral order, the judge prohibited the Trump administration from putting Rogoff’s firing into effect until the U.S. attorney spot is filled by a Senate-confirmed candidate. He also said the administration cannot purport to remove Rogoff from his position, deny him access to benefits or resources of the position, or obstruct Rogoff from his ability to carry out his duties.

Finally, Bastian said the Trump administration cannot treat anyone other than Rogoff as U.S. attorney.

“The court finds it is in the public interest that the law be followed and that Mr. Rogoff take the office to which he has already taken the oath of office,” he said.

The U.S. attorney’s office in Seattle has not had a Senate-confirmed leader since mid-2023. After Mr. Trump took office, he fired Tessa Gorman as the top prosecutor in the office. She had been serving temporarily before judges on the district court appointed her to the job in May 2024.

Floyd began leading the office as interim U.S. attorney in October, but his appointment was subject to a 120-day clock, which expired in February. He then began serving as first assistant U.S. attorney, the second-in-command, and said at the time that he would continue leading the office.

Because Mr. Trump had not by that time put forth a nominee to serve as the top federal prosecutor in Seattle, the district judges exercised their authority under a federal law governing U.S. attorney vacancies to tap Rogoff for the job. That law allows the attorney general to appoint an interim U.S. attorney, who is subject to a 120-day term. Once that appointment expires, the district court can either agree to extend that prosecutor’s tenure or appoint its own U.S. attorney until the Senate confirms a replacement.

Following his swift firing, Rogoff filed a lawsuit against the Trump administration and argued that his removal was unlawful. He argued that if not blocked by the court, the Trump administration’s “actions will permit the Executive Branch to evade the Senate’s advice-and-consent role indefinitely.”

Mr. Trump has attempted to install his preferred candidates for U.S. attorney in several other places, including Nevada, New York, Virginia and New Jersey. Federal courts have in those instances, some of which involve a slightly different mechanism, found the appointments unlawful. 

Rogoff, however, appears to be the first ousted prosecutor to challenge his firing in court.