President Donald Trump removed the newly appointed top U.S. prosecutor in Seattle on Wednesday, shortly after federal judges in the district unanimously selected him. This action underscores the ongoing tension between the courts and the executive branch regarding powerful legal positions.
Roger Rogoff, a seasoned legal professional with extensive experience as both a judge and prosecutor, was sworn in as the U.S. Attorney in Seattle just before 8 a.m. Following his appointment, he sought a meeting with Charles Neil Floyd, whose term as interim U.S. Attorney had concluded earlier. While waiting, Rogoff received an email notifying him of his dismissal by the Trump administration, prompting him to consider legal action in response.
Typically, U.S. Attorneys are appointed by the President and confirmed by the Senate, although temporary appointments do not require confirmation. In situations where such appointments expire before confirmation, district judges have the authority to appoint a U.S. Attorney. However, under Trump’s administration, there has been a pattern of leaving unconfirmed prosecutors in place through unorthodox personnel strategies.
“District court judges can appoint a temporary U.S. Attorney, and the President can remove them,” Acting U.S. Attorney General Todd Blanche stated in a social media post. He criticized the judges for bypassing the traditional consultation process with the administration.
Last October, Trump appointed Floyd, an immigration judge, as interim U.S. Attorney without submitting his nomination to the Senate. After his interim term ended, the administration simply changed his title to first assistant U.S. Attorney while leaving the position vacant. This maneuver raised legal questions with a U.S. appeals court expressing doubt about its legality.
In response, federal judges in Seattle initiated a search for a permanent U.S. Attorney, resulting in the unanimous selection of Rogoff. Democratic Washington U.S. Senator Patty Murray criticized his swift firing, noting his strong public service record and legal appointment by federal judges.
Across different states, similar cases have occurred. Alina Habba resigned as New Jersey’s top federal prosecutor following a court ruling that her service was illegal. Lindsey Halligan, who pursued cases against Trump’s opponents, also left her position in Virginia after a judge declared her appointment illegal. James Hundley was appointed in Virginia, only to be fired by the administration, reflecting a wider pattern.
Despite being aware of the potential for immediate dismissal, Rogoff expressed pride in his career and appreciation for the judges’ confidence in his capabilities as the new U.S. Attorney.