Former Seattle U.S. attorney sues over firing after swearing-in
Roger Rogoff says President Trump's removal order was unconstitutional and asks a court to declare him the lawful U.S. attorney for western Washington.
By Sofia Marchetti · World Affairs Correspondent
3 min read
Roger Rogoff, the court-appointed U.S. attorney for western Washington, sued the Trump administration Tuesday after he was fired less than an hour after taking the oath of office. The case could test how far the Justice Department and the White House can go in removing federal prosecutors appointed by judges.
Rogoff was unanimously selected for the Seattle-based post by federal judges in the district, according to his lawsuit. Shortly after he was sworn in last Wednesday, he received an email saying President Donald Trump had directed that he be terminated.
The complaint says the firing was unconstitutional and ignored the statutory role of district judges, who may appoint a U.S. attorney when an interim appointment expires and no Senate-confirmed nominee has filled the position. Rogoff is asking a court to declare the firing unlawful and void, and to rule that he remains U.S. attorney at least on a temporary basis.
“The President’s actions violate the law, and they ignore the protections of the Constitution of the United States,” Rogoff said in a statement released by his law firm. “His removal of me, like his removal of other court-appointed U.S. attorneys across the country, is illegal and cannot stand.”
Dispute over court-appointed prosecutors
U.S. attorneys lead federal prosecutions in districts across the country. They are usually nominated by the president and confirmed by the Senate.
When a vacancy arises, the attorney general can appoint an interim U.S. attorney for 120 days. After that period ends, judges in the district may name someone to serve until the Senate confirms a presidential nominee.
Rogoff’s district has not had a Senate-confirmed U.S. attorney since 2023. According to the lawsuit, he put his name forward after judges said in January that they planned to fill a vacancy created when the 120-day term of Charles Neil Floyd ended. Floyd had been appointed interim U.S. attorney last year by then-Attorney General Pam Bondi.
The Associated Press reported that Rogoff is the latest judicially appointed U.S. attorney removed by the Trump administration, and is believed to be the first in that group to sue over his dismissal.
Justice Department defends firing
The lawsuit points to posts by acting Attorney General Todd Blanche before and after Rogoff’s appointment. After the court announced a merit selection panel, Blanche wrote on X that the candidates lacked the president’s support and that he expected them to face the same outcome as others when judges “ignore Article II” of the Constitution.
After Rogoff was removed, Blanche posted that district court judges can appoint a temporary U.S. attorney and that the president can fire them. He also said judges in western Washington had abandoned the “time-honored process of consultation with the administration” and that Rogoff had been fired by the president.
The Justice Department said Tuesday that the court “did not coordinate with DOJ on this selection” and that, consistent with similar firings, the removal was “wholly within the President’s authority.”
The dispute follows other clashes over U.S. attorney posts. In New Jersey, Trump’s former personal lawyer Alina Habba resigned in December after an appeals court said she had been serving unlawfully. In Virginia, Lindsey Halligan, another Trump personal lawyer installed by the administration, left an acting U.S. attorney role after a judge found her appointment unlawful and said indictments she brought against New York Attorney General Letitia James and former FBI Director James Comey had to be dismissed.
This story draws on original reporting from Fortune.