A recently appointed U.S. attorney, Roger Rogoff, has filed a lawsuit against the Trump administration, alleging the president lacked the authority to remove him from his post just 54 minutes after he was sworn in. This legal challenge is believed to be the first of its kind and questions the scope of presidential power over court-appointed U.S. attorneys.
Rogoff was appointed to serve as the U.S. attorney for the Western District of Washington by a panel of district court judges. Following his dismissal, he filed suit, contending that a federal law permits him to serve until a Senate-confirmed successor is appointed. He argues that allowing the president to fire judicially selected prosecutors at will could enable an administration to bypass the Senate confirmation process indefinitely.
According to Rogoff's argument, while the Department of Justice can appoint an interim U.S. attorney for 120 days, after that period, the local district court retains the authority to appoint a replacement until a permanent successor is named. He asserts that he cannot be removed until the Senate approves a permanent replacement.
A spokesperson for the Department of Justice stated that the district court did not consult with the DOJ on the selection and that the firing was "wholly within the President’s authority," consistent with other dismissals of this nature. Acting Attorney General Todd Blanche also commented on X, asserting that district court judges can appoint a temporary U.S. Attorney whom the president can fire. He suggested the judges in the Western District of Washington had departed from the usual process of consulting with the administration to ensure the selected U.S. attorney was qualified.
Rogoff's dismissal marks the latest in a series of removals of U.S. attorneys early in their tenures during the Trump administration, with similar instances occurring in New Jersey, New York, and Virginia. However, Rogoff is the first to pursue legal action over his removal.
U.S. attorneys are responsible for leading federal prosecutions, representing the government in civil cases, and directing local U.S. attorney's offices, as well as coordinating federal law enforcement priorities. Rogoff, a former state prosecutor and federal prosecutor, also served as a state judge before entering private practice. He acknowledged knowing the administration might fire him but stated he did not reject the role.
In his legal complaint, Rogoff cited administration statements indicating that court-appointed U.S. attorneys who do not have the president's support would be removed. The White House referred inquiries to the DOJ, while Rogoff's attorneys have not responded to requests for comment. The case presents a novel test of the executive branch's authority over prosecutors appointed by the judiciary.