Ninth Circuit temporarily pauses reinstatement of fired Seattle US attorney

The Justice Department argued it was indefensible for Roger Rogoff to serve as U.S. attorney without being accountable to the president.(CN) — The Ninth Circuit has temporarily stayed a trial judge’s order reinstating Roger Rogoff as the U.S. attorney for the Western District of Washington after President Donald Trump fired him.In a brief order Sunday, the Ninth Circuit issued an administrative stay per the Justice Department’s request, intended only to preserve the status quo until the Trump administration’s bid for a longer stay pending appeal can be considered on its merits.U.S. District Judge Stanley Bastian last week sided with Rogoff and reinstated him as U.S. attorney, finding the Trump administration exceeded its authority when it fired him less than an hour after he was sworn in over the summer.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 the vacancy was filled unless the 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 emailed the Barack Obama appointee saying 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.“The District Court has issued an unprecedented and indefensible injunction,” the Justice Department said in its emergency request for a stay of Bastian’s order. “The injunction directs plaintiff to serve as the chief federal prosecutor for the Western District of Washington, wielding the core executive power of criminal law enforcement without any accountability to the president or, by extension, the people.”That judge’s order, the Justice Department argued, conflicts with Congress’ direction that all U.S. attorneys are subject to removal by the president, and it construes the statutory framework to grant the Senate an effective veto over the removal of an executive officer — the exact kind of veto, according to the Justice Department, the U.S. Supreme Court has held unconstitutional.“We’re pleased the Ninth Circuit granted the department’s request for an administrative stay,” a Justice Department spokesperson said. “We will continue to defend the president’s authority to remove U.S. attorneys.”In his response to the Justice Department’s emergency motion for a stay, Rogoff said he didn’t oppose the request for a stay pending appeal.However, he added he doesn’t concede that the administration is likely to succeed on the merits of its appeal or satisfy any of the other requirements for a stay.“I am gratified by the District Court’s issuance of an injunction, which protects the Senate’s role in appointing U.S. Attorneys and upholds the rule of law,” Rogoff said in a statement to Courthouse News. “As I have consistently said, this lawsuit is not about me but about the absolute requirement that our government follow the law and the Constitution when appointing United States attorneys. We will not oppose the government’s motion for a stay while the appeal is pending in the Ninth Circuit so that we can focus our efforts on defending the District Court’s decision on an expedited basis. Unfortunately, this means that the U.S. Attorney’s Office remains under the leadership of an unlawfully appointed head, and the vital work of the federal prosecutors continues to be subject to challenge — none of which would be happening if the president had simply sought and received Senate confirmation for his appointment. ”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