Trump’s power to fire court-appointed prosecutors takes new turn after firing was ruled illegal

WASHINGTON, DC: Days after a federal court ruled that firing a court-appointed US attorney was beyond President Donald Trump’s authority, an appeals court has paused the reinstatement of prosecutor Roger-Rogoff, who was fired by Trump.

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.

Appeals court holds restoration of prosecutor Roger Rogoff

Pausing the lower court’s directive requiring the Trump administration to immediately reinstate Roger Rogoff as the top federal prosecutor in Seattle, an appeals court on Sunday, Oct. 4, granted the administration’s request for an administrative stay.

The stay temporarily keeps Rogoff out of the position while the Ninth Circuit considers the administration’s broader request for a stay pending appeal.

President Donald Trump fired Rogoff from the U.S. attorney’s office in the Western District of Washington in July, less than an hour after he was sworn in following his unanimous appointment by federal judges.

The 9th US Circuit Court of Appeals accepted the administration’s request after the Trump administration quickly sought an emergency stay to halt Rogoff’s restoration.

In an unsigned order, the Appeals court noted that the order was “only intended to preserve the status quo” as the case moves forward.

US District Judge Stanley Bastian, an appointee of former President Obama, sided with Rogoff’s claim that his termination was unlawful and ordered the Trump administration to restore him to the position until a successor is chosen through the Senate confirmation process.

Rogoff agrees to remain out of role for now

In a court filing on Monday, Oct 5, Rogoff’s lawyers noted that while he “does not concede” that the administration is likely to prevail, he would remain out of the role for now.

While the status quo is maintained as the case moves forward, the central question surrounding the case remains unanswered: Who has the power to fire court-appointed US attorneys? That question has not yet been definitively resolved by a federal appeals court.

Rogoff has argued that Trump lacks the constitutional and statutory authority to unilaterally remove him.

The Justice Department contends that the president can fire any US attorney regardless of who appointed them.

Under federal law, the Justice Department can appoint someone temporarily to fill a vacant US attorney position for up to 120 days.

If the position is still vacant after that, federal judges can appoint a prosecutor to serve until a permanent replacement is chosen. That is how Rogoff came to lead the US attorney’s office in Seattle.

“Neither Congress nor the President can unilaterally and permanently fill the office,” Bastian wrote in his Oct. 1 order.

“The two branches must work together to fill the office for longer than the short periods of time authorized by the statutes.”