Judge deals major blow to Trump's authority by blocking firing of court-appointed prosecutor
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.
JUST IN: Roger Rogoff, who was appointed interim US attorney by judges in Washington state and immediately fired by President Trump, is suing to block his removal. https://t.co/kKWaWoJCB3 pic.twitter.com/hsbkSXKO3T
— Kyle Cheney (@kyledcheney) July 21, 2026
“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.
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.
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.
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.
