Roger Rogoff, the Seattle-based federal prosecutor appointed by federal judges to lead the U.S. Attorney’s Office for the Western District of Washington, filed a lawsuit Tuesday challenging his firing by President Trump as unlawful after serving less than an hour in the role.
Rogoff was sworn in at 7:40 a.m. on July 16 by judges on the U.S. District Court for the Western District of Washington. Within 54 minutes, he received an email from the Executive Office of the President informing him he had been removed. Acting Attorney General Todd Blanche announced the termination and accused the judges of failing to consult with the Trump administration before making their selection.
In his lawsuit filed in federal court in Seattle, Rogoff argues that his removal violates 28 U.S.C. § 546, the federal statute governing U.S. attorney vacancies, and the Constitution’s Appointments Clause. His lawyers warned that if not blocked by the court, Trump’s actions “will permit the Executive Branch to evade the Senate’s advice-and-consent role indefinitely.” Rogoff is asking the court to void his firing and declare that he remains the U.S. attorney for the Western District until the president nominates and the Senate confirms a replacement.
Under federal law, the attorney general can appoint an interim U.S. attorney for a 120-day term. Once that period expires, the district court can either extend that prosecutor’s tenure or appoint its own U.S. attorney until the Senate confirms a replacement. Federal judges in Seattle invoked that authority under 28 U.S.C. § 546(d) to appoint Rogoff, a longtime prosecutor in the region.
Rogoff stated: “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 Trump administration has terminated court-appointed U.S. attorneys in Virginia, New Jersey, New York, and Nevada as well, according to CBS News.
Rogoff appears to be the first ousted U.S. attorney to challenge his firing in court, according to NBC News. The Western District of Washington has not had a Senate-confirmed U.S. attorney since mid-2023, when Trump fired Tessa Gorman, who had been appointed by district judges in May 2024. The office is currently led by Charles Neil Floyd, the first assistant U.S. attorney. Trump has not announced a nominee for the position.
Sources
- CBS News — Rogoff’s lawsuit claims, court appointment process, and Trump’s terminations of other court-appointed prosecutors
- NBC News — Rogoff’s firing timeline, lawsuit filing, and first-to-sue status
- The New York Times — Rogoff’s legal strategy and appointment clause arguments
- The Washington Post — Lawsuit details and constitutional framework
- Politico — Timing of firing and sworn-in moment
