A federal judge ruled Thursday that President Donald Trump does not have the authority to remove court-appointed U.S. attorneys, after administration officials dismissed Seattle’s top federal prosecutor by email almost immediately after he assumed the position in July.
“The President cannot unilaterally fire a U.S. Attorney appointed by the Court,” U.S. District Judge Stanley Bastian wrote in his ruling. He added that “allowing the President to fire a court-appointed U.S. Attorney would upend the framework created by the Constitution and the statutory framework, which together balances the President’s right to appoint and the Senate’s right to confirm.”
The Trump administration has repeatedly fired prosecutors and used interim appointments to fill top posts without Senate confirmation. It has also sought to remove U.S. attorneys appointed by federal judges.
A panel of judges appointed Roger Rogoff, a veteran prosecutor, as U.S. attorney for the Western District of Washington to replace interim appointee Charles Neil Floyd. Though Floyd’s interim tenure had expired in February, the administration changed his title to “first assistant U.S. attorney” and fired Rogoff via email in July within 54 minutes of his appointment, effectively leaving Floyd in the job indefinitely.
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Bastian, a Barack Obama appointee, ruled that Rogoff has been the U.S. attorney since the moment he was sworn in and reinstated him, thus stripping Floyd of his authority to serve in the role. The judge barred the White House, Blanche and the Justice Department from attempting to terminate Rogoff, interfering with his duties or replacing him with another official.
In a statement to The Washington Sun, the DOJ said it disagreed with the decision and will seek an immediate stay while it appeals the decision.
In February, judges unanimously appointed James W. Hundley as interim U.S. attorney for the Eastern District of Virginia after his predecessor resigned under administration pressure. Hours later, Attorney General Todd Blanche publicly fired Hundley on social media.
“Judges don’t pick U.S. Attorneys. POTUS does,” he wrote on X.
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