Court reinstates Western Washington US attorney fired by Trump

President Donald Trump fired Roger Rogoff less than one hour after he was sworn in as United States attorney in July.SEATTLE (CN) — A federal judge reinstated Roger Rogoff as U.S. attorney for the Western District of Washington on Thursday, finding the Trump administration exceeded its authority when it fired him less than an hour after he was sworn in over the summer.“The court finds it is in the public interest that the law be followed and Mr. Rogoff take the office to which he has already taken the oath of office,” U.S. District Judge Stanley Bastian said, ruling from the bench.The last Senate-confirmed U.S. attorney for the district resigned in 2023. This January, the U.S. District Court for the Western District of Washington announced it intended to appoint an attorney to serve until that vacancy was filled unless the Trump administration did so by February.On July 15, the court appointed Rogoff and swore him in that same day. Less than an hour later, the Deputy Director of Personnel sent an email informing Rogoff that Trump directed he be removed from office.Rogoff then sued Trump, the Executive Office, the Department of Justice and then-Acting Attorney General Todd Blanche.Bastian, a judge for the Eastern District of Washington, was assigned to the case and on Thursday agreed with Rogoff that his removal ran afoul of the law.“This case really starts and ends with the United States Constitution and the central principle of separation of powers,” the Barack Obama appointee said. “The executive and legislative branches are supposed to and encouraged to work together.”To Bastian, the central question of the case came down to whether the president can fire a court-appointed U.S. attorney.“The answer to the question the court is faced with is no,” Bastian said. “The president cannot unilaterally fire a United States attorney appointed by the district court.”Congress is authorized under the Constitution to determine how officers such as U.S. attorneys will be appointed.When there is a vacancy, the executive branch can make interim appointments, but those appointments have time limits. When the vacancy arose in the Western District of Washington, former Attorney General Merrick Garland appointed then-First Assistant U.S. Attorney Tessa Gorman as interim U.S. attorney. The court then appointed her.Trump purported to fire Gorman, and then-Attorney General Pamela Bondi appointed Charles Floyd as interim U.S. attorney. He was sworn in on Oct. 6 of last year. In February, Bondi designated Floyd as first assistant U.S. attorney.Amid litigation over Rogoff’s firing, the Trump administration attempted to fill the purported vacancy.On Sept. 14, Trump nominated Simon Peter Serrano to the position and on Sept. 25, he signed a memorandum directing Floyd to perform the functions and duties of U.S. attorney.Bastian noted Serrano’s nomination, but clarified Thursday he is not the U.S. attorney because he has not yet been confirmed. Likewise, Bastian said Floyd was not the U.S. attorney and the authority had been improperly granted to him.The government’s primary argument centered on a rule that allows the president to remove U.S. attorneys.“He must be able to remove executive officers exercising the executive power at will,” Justice Department attorney Joshua Ha told Bastian. “Only that power can compel executive officers to obey the president, and only that power can ensure that the president has confidence in his subordinates exercising the executive power.”The government argued Rogoff was attempting to force his way back into the executive branch and asking the court to defy Congress’ intent.Rogoff disagreed.“Finding in favor of plaintiff here does not require a holding that Senate-confirmed U.S. attorneys are not removable,” his attorney, Hailyn Chen with Munger Tolles & Olson told Bastian.In granting Rogoff’s motion for a preliminary injunction, Bastian noted the rule the defendants relied on is limited to attorneys in office by the nomination confirmation process, not court-appointed attorneys.“Allowing the president to fire a United States 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.Doing so would also eliminate the incentive to nominate a candidate that can be confirmed by the Senate, Bastian said.Bastian enjoined the federal defendants from interfering with or obstructing Rogoff from his ability to carry out the duties of U.S. attorney.A written ruling is expected later Thursday.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads