Judge deals major blow to Trump's authority by blocking firing of court-appointed prosecutor

Chief Judge Stanley Bastian ruled for Roger Rogoff after Trump removed him as court-appointed US attorney in Washington
The Justice Department said that President Donald Trump's removal of Roger Rogoff was within the scope of executive power (Alex Wong/Getty Images)
The Justice Department said that President Donald Trump's removal of Roger Rogoff was within the scope of executive power (Alex Wong/Getty Images)

WASHINGTON, DC: A federal judge ruled on Thursday, October 1, that President Donald Trump lacks the authority to fire court-appointed US attorneys, dealing the administration a setback.

The judge also ordered the Trump administration to reinstate a court-appointed federal prosecutor in Seattle whom Trump fired less than an hour after he was sworn in.

Judge says Trump can't fire court-appointed prosecutors

Chief Judge Stanley Bastian of the federal court in Yakima, Washington, ruled in favor of Roger Rogoff in a preliminary decision. Rogoff had filed a lawsuit in July after Trump removed him as the court-appointed US attorney for the Western District of Washington.



“The president cannot unilaterally fire a United States attorney appointed by the district court,” Bastian said, ruling from the bench.

Doing so, Bastian said, “would upend the framework created by the Constitution and the statutes, which together balance the president’s right to appoint and the Senate’s right to confirm.”

Bastian, who was appointed by former President Barack Obama, ruled that Rogoff is the US attorney and has legally held the position since taking the oath on July 15.

WASHINGTON, DC - SEPTEMBER 05: U.S. President Donald Trump signs executive orders during a press availability in the Oval Office of the White House on September 05, 2025 in Washington, DC. President Trump signed executive orders which included the renaming of the Department of Defense to the Department of War. (Photo by Kevin Dietsch/Getty Images)
President Donald Trump signs executive orders during a press availability in the Oval Office of the White House on September 5, 2025, in Washington, DC (Kevin Dietsch/Getty Images)

Bastian denied the government's request to put his ruling on hold, and the Justice Department said it would ask an appeals court to do so.

In a social media post, the Justice Department said, "We disagree with the decision and intend to seek an immediate stay and will appeal."

The Justice Department has previously said Trump's firing of Rogoff was within the scope of executive power.

Arizona man with a history of threatening behavior was arrested on Saturday after he reportedly threatened to execute a local synagogue rabbi in an email. (Getty Images)
The Justice Department said it would seek a stay of Bastian’s ruling and appeal the decision (Getty Images)

Judge strips Charles Floyd's authority and bars interference with Roger Rogoff

The judge also removed the powers given to Charles Neil Floyd, whom the Trump administration had temporarily placed in Rogoff’s position. Bastian said the administration had “improperly granted” Floyd that authority.

The administration has repeatedly sought to keep its preferred picks in US attorney posts without Senate confirmation, often through interim or acting appointments, and when district judges have appointed someone else, it has removed them.

Justice Scales and wooden gavel or hammer on wooden surface
When district judges chose someone else as US attorney, Trump fired them (Getty Images)

Bastian ordered the Trump administration not to obstruct Rogoff from accessing benefits and resources as the head of ​the US attorney's office.

The judge also ordered the White House, Attorney General Todd Blanche and the Justice Department not to remove Rogoff, interfere with Rogoff's work or treat anyone else as US attorney.

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