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Judge Keeps Rogoff Case in Seattle After DOJ Fails to Force Recusal

The judge's order leaves a live test of whether the president may remove U.S. attorneys whom federal judges appoint and signals further litigation ahead.

Overview

  • Roger Rogoff was sworn in as interim U.S. attorney for the Western District of Washington on July 15 and was removed by President Trump less than an hour later.
  • Rogoff sued on July 21, asking a court to declare his firing unlawful under 28 U.S.C. §546(d) and the Appointments Clause and to reinstate him while a Senate-confirmed successor is named.
  • The Justice Department asked that Judge Stanley Bastian be recused or the case reassigned, and Bastian denied that motion on July 30, saying there is no binding rule requiring reassignment.
  • At issue is whether the statute that lets district judges fill U.S. attorney vacancies protects those court appointments from presidential removal, a question that affects the validity of office actions and local prosecutions.
  • The case will move through preliminary-injunction briefing and likely appeals, a process that could set nationwide precedent, affect Senate confirmation leverage, and influence how other districts handle disputed interim appointments.