President Donald Trump on Wednesday fired Roger Rogoff, the U.S. attorney for Western Washington, less than an hour after he was unanimously appointed to the position by federal judges in the district. The move highlights ongoing tensions between the White House and the judiciary over the selection of federal prosecutors.
Rogoff, a former judge and prosecutor, was sworn into office at the U.S. courthouse in Seattle before 8 a.m. He stated that while waiting to meet with the previous interim U.S. attorney, Charles Neil Floyd, he received an email from the Trump administration informing him of his removal. Rogoff indicated he is consulting with attorneys regarding a potential lawsuit over the firing.
U.S. attorneys, the chief federal prosecutors in their respective judicial districts, are typically appointed by the president and require Senate confirmation. However, when a presidential nominee has not been confirmed and a temporary appointment expires, the federal judges in that district have the authority to name an interim prosecutor.
The Justice Department, under the Trump administration, has frequently sought to maintain unconfirmed prosecutors in their roles through various personnel maneuvers. Acting U.S. Attorney General Todd Blanche stated on social media that while district court judges can appoint temporary U.S. attorneys, the judges in this instance "abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration."
Trump had initially named Floyd, a former immigration judge, as interim U.S. attorney in October. However, his nomination was never sent to the Senate. When Floyd's interim term concluded, the administration changed his title to first assistant U.S. attorney, leaving the top prosecutor position vacant. This tactic has been employed in other federal judicial districts as well.
In May, a U.S. appeals court panel had expressed doubts about the legality of such maneuvers. Subsequently, the federal judges in Seattle decided to solicit applications for the U.S. attorney position and appointed a bipartisan panel to review them. The court's unanimous order naming Rogoff was issued Wednesday morning by 17 active and senior judges who were appointed by five different presidents.
Sen. Patty Murray of Washington, who had opposed Floyd's appointment, criticized Rogoff's swift dismissal. She described Rogoff as having "an outstanding commitment to public service" and stated he was "appointed legally by the federal judges." Murray accused the administration of avoiding the Senate's "advice and consent" role to "install cronies to carry out a corrupt political agenda."
This is not the first instance of court-appointed prosecutors being removed by the administration. In December, Alina Habba resigned as the top federal prosecutor in New Jersey after an appeals court ruled her service in the post was unlawful. Similarly, Lindsey Halligan, who had pursued indictments against political adversaries of Trump, left her role as acting U.S. attorney in Virginia following a judge's finding that her appointment was unlawful, leading to the dismissal of indictments she brought.
In the Western District of Washington, after the judges appointed Rogoff, the administration proceeded to remove him. The administration also fired a court-appointed U.S. attorney in northern New York.
Rogoff, who has a career spanning 20 years as a state prosecutor, six years as a federal prosecutor, and time as a state judge, acknowledged the possibility of immediate dismissal. He expressed pride in his career and stated it was humbling that the district's judges, many of whom he had worked with or appeared before, believed he was the right person for the job.