President Donald Trump fired the newly appointed U.S. attorney for Seattle less than an hour after federal judges in the district unanimously appointed him, highlighting ongoing tensions between the judiciary and the executive branch over federal prosecutor appointments. Roger Rogoff, a former judge and prosecutor, was sworn in Wednesday morning and was removed from the position shortly thereafter.
Rogoff stated that he received an email informing him of his dismissal while he was awaiting a meeting at the U.S. Attorney's Office. He indicated he is consulting with legal counsel regarding a potential lawsuit over the firing.
U.S. attorneys are typically appointed by the president and require Senate confirmation. However, when temporary appointments expire before a nominee is confirmed, the federal judges within a judicial district have the authority to name a U.S. attorney. The Trump administration has faced scrutiny for attempting to keep interim prosecutors in their roles indefinitely through various personnel maneuvers.
Acting U.S. Attorney General Todd Blanche commented on social media that while district court judges can appoint temporary U.S. attorneys, the president can also remove them. He suggested that the judges who appointed Rogoff bypassed the administration's consultation process, thus selecting an individual not qualified to serve within the administration.
Prior to Rogoff's appointment, Trump had named Charles Neil Floyd as interim U.S. attorney in October, but his nomination was never sent to the Senate. When Floyd's interim term concluded, the administration reclassified him as first assistant U.S. attorney, leaving the top prosecutor position vacant. A U.S. appeals court panel previously expressed skepticism about the legality of this maneuver.
The 17 federal judges in the Western District of Washington, appointed by five different presidents, made the decision to name Rogoff following a review of applications. Rogoff, who has a career spanning two decades as a state prosecutor and six years as a federal prosecutor before serving as a state judge, expressed pride in his career and humility at being chosen by the judges.
This action follows similar instances where court-appointed U.S. attorneys have been dismissed by the administration. Alina Habba resigned as the top federal prosecutor in New Jersey after an appeals court ruled her service unlawful. In another case, an acting U.S. attorney in Virginia was removed after a judge found her appointment invalid, leading to the dismissal of indictments she had pursued. The administration also dismissed a court-appointed U.S. attorney in northern New York.
FILE - King County Superior Court Judge Roger Rogoff stands in court on Oct. 10, 2016, in Seattle. (AP Photo/Ted S. Warren, File)