Judge Reinstates Ousted Top Prosecutor in Seattle

U.S. District Judge Stanley Bastian has overturned President Donald Trump's decision to remove the top federal prosecutor in Seattle, ruling the termination unlawful and reinstating Roger Rogoff. The ruling marks a significant development in the ongoing legal disputes over the administration's authority to control appointments within the Justice Department.

Rogoff was appointed U.S. attorney for the Western District of Washington in July by the 17 active and senior judges of the district, after the president failed to nominate a candidate confirmed by the Senate. Less than an hour after taking the oath of office, Trump fired Rogoff. Rogoff subsequently filed a lawsuit, leading to Bastian's decision on Thursday.

Bastian stated that federal law allows district judges to appoint a U.S. attorney "until the vacancy is filled" when presidential nominations are not confirmed by the Senate. He explicitly noted that this provision does not permit the president to fire the judicially appointed individual. "Mr. Roger Rogoff is the United States attorney for the Western District of Washington and has been the rightful holder of that office since July 15, 2026, when he took the oath of office," Bastian wrote in his ruling.

The Justice Department announced its disagreement with the decision and its intention to appeal. Rogoff is among several judicially appointed U.S. attorneys removed by the Trump administration. His lawsuit is believed to be the first of its kind, directly challenging the legality of such dismissals.

Normally, U.S. attorneys are presidential appointees requiring Senate confirmation. Temporary appointments, which can last up to 120 days, do not require confirmation. When these temporary terms expire before a nominee is confirmed, district judges have the authority to name a U.S. attorney. However, the Trump administration has employed various personnel tactics to keep unconfirmed prosecutors in place indefinitely.

In Seattle, the administration named Charles Neil Floyd as interim U.S. attorney in October 2025 but did not forward his nomination to the Senate. When Floyd's interim term concluded, Trump shifted his title to first assistant U.S. attorney, leaving the top position vacant. More recently, Trump nominated Pete Serrano for the Seattle U.S. attorney post, but the nomination has not been confirmed, facing opposition from Washington's senior Democratic senator, Patty Murray.

Senator Murray issued a statement calling the ruling "an important victory for the rule of law" and asserting that the people of Western Washington deserve a U.S. attorney accountable to the law, not to Donald Trump. Judge Bastian, the chief judge in eastern Washington, heard the case because the judges in western Washington were recused.

This case follows similar instances in other districts. Alina Habba resigned as the top federal prosecutor for New Jersey in December after an appeals court found her service in the post to be unlawful. Lindsey Halligan, who had pursued indictments against political adversaries of Trump, also resigned as an acting U.S. attorney in Virginia after a judge ruled her appointment unlawful and mandated the dismissal of indictments she brought. The administration also fired a court-appointed U.S. attorney in northern New York after judges there appointed James Hundley to the position.