WASHINGTON — The federal prosecutor for Seattle who was dismissed by President Donald Trump last week has taken legal action against the administration, in a case that could define the boundaries of presidential power over court-appointed U.S. attorneys.
Roger Rogoff filed his lawsuit in federal court in Seattle, arguing that Trump illegally removed him as the court-appointed U.S. attorney for the Western District of Washington just moments after he assumed the role on July 15.
At the heart of the lawsuit is a federal law that Rogoff says permits a court-appointed U.S. attorney to remain in the position until a presidential nominee is confirmed by the U.S. Senate. Rogoff is asking the court to declare his termination unlawful and affirm that he continues to hold the U.S. attorney position until a Senate-confirmed replacement is sworn in.
Trump fired Rogoff — a former federal prosecutor and state court judge, and an attorney at the law firm Osborn Machler & Neff — just one hour after the chief judge of the Western District of Washington administered his oath of office.
Rogoff responded with a sharp public statement: “The President’s actions violate the law, and they ignore the protections of the Constitution of the United States. His removal of me, like his removal of other court-appointed U.S. Attorneys across the country, is illegal and cannot stand.”
The Justice Department pushed back, issuing a statement that said the district court “did not coordinate with DOJ on this selection. Consistent with other firings of this type, this is wholly within the President’s authority.”
Acting U.S. Attorney General Todd Blanche also weighed in via social media last week, writing: “District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them.”
Rogoff had been appointed to the position after the U.S. attorney’s office had gone without a Senate-confirmed nominee to lead it. Donald Verrilli Jr. of the law firm Munger Tolles is representing Rogoff but did not immediately respond to a request for comment.
