Updated

Updated · The Washington Post · Oct 1

Judge Reinstates Seattle U.S. Attorney Roger Rogoff, Blocking Trump's July Firing

Updated

Updated · The Washington Post · Oct 1

Judge Reinstates Seattle U.S. Attorney Roger Rogoff, Blocking Trump's July Firing

Q: With two prosecutors claiming the top spot, who is legally running Seattle's federal office while the courts prepare to weigh in?

Roger Rogoff is, for now, the lawful head of the U.S. Attorney’s Office for the Western District of Washington. That is the effect of Judge Stanley Bastian’s preliminary injunction, which temporarily reinstated Rogoff, found his removal was likely unlawful, and barred the Justice Department from treating Charles Neil Floyd as the office’s chief federal prosecutor while the case moves forward. Bastian also refused to pause his order during an appeal, so Rogoff is expected to resume the job immediately. The ruling turns on how Rogoff got the position. Federal judges in the district appointed him after the statutory interim period expired without a Senate-confirmed U.S. attorney in place. Bastian indicated that once Rogoff was sworn in, he remained the valid officeholder unless he was replaced through a lawful mechanism, such as a new presidential nominee confirmed by the Senate or action by the appointing court. That means Floyd may still hold the separate title of first assistant on paper or in some Justice Department materials, but under the court order he cannot be recognized as the district’s top federal prosecutor. Reporting on the case also indicates that Pete Serrano’s nomination does not change that unless and until he is confirmed by the Senate. So, while the broader constitutional fight is likely headed higher in the courts, the legal answer right now is straightforward: Rogoff is running Seattle’s federal prosecutor’s office.

2 articles · Updated · The Washington Post · Oct 1

A federal judge ordered Roger Rogoff back into the Seattle U.S. attorney post, granting a preliminary injunction that halts his summer dismissal and removes Charles Neil Floyd from the role for now.
Judge Stanley Bastian said the Trump administration illegally fired Rogoff less than an hour after federal judges appointed him in July to lead the 19-county Western District of Washington.
Bastian refused to pause the order pending appeal and barred the Justice Department from blocking Rogoff's office access or recognizing anyone else as the region's chief federal prosecutor.
The Justice Department said it would seek an immediate stay and appeal, arguing the president can fire all executive branch appointees, while Rogoff says only the appointing judges or a Senate-confirmed replacement can remove him.
The ruling adds to a broader fight over Trump's use of interim and reappointed prosecutors to keep preferred U.S. attorneys in place beyond statutory limits, a dispute already headed toward the Supreme Court.