Seattle – On Thursday, U.S. District Judge Stanley Bastian ordered the reinstatement of Roger Rogoff as the United States attorney for the Western District of Washington, finding President Trump’s firing of the prosecutor unlawful.
Legal basis for the ruling
Judge Bastian explained that when a president does not fill a U.S. attorney vacancy with a Senate‑confirmed nominee, federal law permits the district’s judges to appoint a qualified attorney “until the vacancy is filled.” The law does not allow the president to remove that appointee at will. Accordingly, Bastian declared Rogoff the rightful holder of the office since he took the oath on July 15, 2026.
Administration’s response
The Justice Department issued a written statement expressing disagreement with the ruling and indicating that the administration will appeal the decision.
Background on the appointment
Rogoff, a former judge and veteran prosecutor, was appointed by the 17 active and senior judges of the Western District of Washington after President Trump failed to secure a Senate‑confirmed nominee for the post. He was dismissed less than an hour after his appointment, prompting him to file suit.
Broader context
This case follows a pattern of the Trump administration attempting to retain unconfirmed prosecutors in interim roles, often by shifting titles or extending appointments without Senate confirmation. Earlier, the administration named Charles Neil Floyd as interim U.S. attorney in Seattle in October 2025 and later re‑designated him as first assistant U.S. attorney when his interim term expired.
President Trump’s most recent nominee for the Seattle post, Pete Serrano, remains unconfirmed and faces opposition from Washington’s senior Democratic senator, Patty Murray, who called the ruling “an important victory for the rule of law and the people in Western Washington who deserve a U.S. attorney that answers to the law, not President Trump.”
Similar recent rulings
Recent court decisions have also addressed the legality of temporary federal appointments, including the resignation of Alina Habba in New Jersey and the removal of acting U.S. attorney Lindsey Halligan in Virginia after judges found their appointments unlawful.
Original reporting: KCCI Des Moines — read the source article.
