Overview
- A unanimous panel of judges in the Western District of Washington appointed Roger Rogoff on July 15 and he was removed by President Trump less than an hour after he was sworn in.
- Rogoff filed a federal complaint on July 21 seeking a declaration that his firing was unlawful and an injunction to restore him until a Senate-confirmed successor takes office.
- The lawsuit argues the removal broke 28 U.S.C. §546(d) and the Constitution’s Appointments Clause by short-circuiting the statutory process that lets judges fill long vacancies.
- The Justice Department and Acting Attorney General Todd Blanche say the judges did not consult DOJ and that the president has authority to fire court-appointed interim prosecutors.
- The case is the first challenge by a judge-appointed U.S. attorney ousted under this administration and could shape control of regional prosecutions, affect pending cases, and influence Senate confirmation leverage.