Roger Rogoff had been serving as the U.S. attorney for the Western District of Washington for just 54 minutes when the Trump administration removed him from the post. Instead of quietly stepping aside, he went to court, arguing that the dismissal broke federal law.
Event Context
The lawsuit has opened a new legal fight over whether a president can remove a court-appointed U.S. attorney before a Senate-confirmed replacement takes office.
The case could shape how future administrations handle judicial appointments and is drawing attention because no known U.S. attorney has challenged such a removal in court before.
Roger Rogoff is a former prosecutor and judge with decades of legal experience. He spent about 20 years as a state prosecutor and another six years as a federal prosecutor before then-Washington Gov. Jay Inslee appointed him as a King County Superior Court judge in 2013. After leaving the bench, he returned to private legal practice.
Last week, judges of the U.S. District Court for the Western District of Washington unanimously selected Rogoff to serve as U.S. attorney after the Justice Department’s 120-day interim appointment period had expired. However, the Trump administration dismissed him less than an hour after he took the oath of office.
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The lawsuit now puts the spotlight on a legal question that has not been tested in court before: whether a president can remove a court-appointed U.S. attorney immediately or whether that official remains protected until the Senate confirms a permanent replacement.
Team Analysis
A Department of Justice spokesperson defended the decision, saying, “The district court did not coordinate with DOJ on this selection. Consistent with other firings of this type, this is wholly within the President’s authority.”
The administration has removed several U.S. attorneys in recent months, including officials in New Jersey, New York and Virginia. Rogoff, however, appears to be the first to challenge such a dismissal in court.
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Acting Attorney General Todd Blanche also defended the administration’s decision in a post on X after Rogoff’s removal.
“District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them. [Western District of Washington] judges abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration,” Blanche wrote.
The White House referred questions to the Department of Justice when asked for comment. Meanwhile, Rogoff’s attorneys did not respond to media requests for comment.
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Rogoff argues that federal law allows a court-appointed U.S. attorney to remain in office until a Senate-confirmed successor fills the vacancy. According to his lawsuit, removing a court-appointed prosecutor immediately would allow an administration to avoid the Senate confirmation process for as long as it wants.
