President Donald Trump removed a federally appointed U.S. attorney in Seattle within an hour of his court appointment Wednesday, escalating a constitutional standoff over who controls the nation’s top federal prosecutors when the Senate confirmation process stalls.
Immediate Removal After Judicial Appointment
Roger Rogoff, a former judge with 26 years of prosecutorial experience, was unanimously appointed by 17 federal judges in Seattle’s Western District early Wednesday morning. He was sworn in before 8 a.m. at the federal courthouse and immediately went to the U.S. Attorney’s Office. While waiting in the lobby to meet with interim prosecutor Charles Neil Floyd, Rogoff received an email from the Trump administration terminating his appointment. He is now consulting attorneys about potential legal action.
Federal judges possess statutory authority to appoint U.S. attorneys when temporary appointments expire before Senate confirmation occurs. The Seattle judges acted after expressing skepticism in May that the administration’s personnel tactics complied with federal law. A bipartisan panel reviewed applications before the court issued its unanimous order appointing Rogoff.
Administration’s Novel Personnel Strategy
The Justice Department has implemented unconventional maneuvers to maintain unconfirmed prosecutors in their positions indefinitely. Trump appointed Floyd as interim U.S. attorney last October but never submitted his nomination to the Senate. When Floyd’s 120-day term expired in February, the administration redesignated him as first assistant U.S. attorney while leaving the top position vacant, a tactic deployed in multiple judicial districts nationwide.
Acting Attorney General Todd Blanche defended the firing on social media, stating that while district courts can appoint temporary U.S. attorneys, the president retains removal authority. Blanche criticized the Seattle judges for abandoning consultation with the administration to ensure appointed attorneys are qualified to serve. Senator Patty Murray condemned the removal, accusing the administration of installing cronies to pursue a corrupt political agenda rather than following constitutional advice and consent processes.
Pattern of Removals and Legal Setbacks
This incident follows multiple legal defeats for the administration’s personnel approach. Alina Habba resigned as New Jersey’s top federal prosecutor in December after an appeals court ruled her service unlawful. Lindsey Halligan departed her Virginia acting U.S. attorney position after a judge declared her appointment illegal and dismissed indictments she brought against Trump adversaries. The administration has also fired court-appointed U.S. attorneys in northern New York. Despite knowing immediate termination was likely, Rogoff accepted the appointment, calling the U.S. attorney position the best job available for prosecutors. The confrontation highlights deepening tensions between the judiciary and executive branch over separation of powers and constitutional appointment procedures.
