Overview
- Federal judges in the U.S. District Court for the Western District of Washington swore in Roger Rogoff and the White House terminated him roughly 54 minutes later on Wednesday, according to multiple reports.
- The judges acted under a federal statute that permits a district’s judges to appoint an interim U.S. attorney when the president and acting attorney general do not name a successor within 120 days.
- The vacancy arose after the administration did not advance First Assistant Neil Floyd for Senate confirmation following Senator Patty Murray’s threat to block him with the Senate’s blue-slip practice.
- Acting Attorney General Todd Blanche has publicly asserted that appointment power belongs to the president under Article II and his office has repeatedly removed other judge-appointed prosecutors, including Tessa Gormon and Donald Kinsella.
- Rogoff says his legal team is preparing litigation, Floyd remains in place as first assistant, and the episode is likely to prompt court challenges and sharpen Senate scrutiny of Justice Department authority and confirmations.