On October 1, 2026, U.S. District Judge Stanley Bastian blocked President Donald Trump's firing of Roger Rogoff, reinstating him as the U.S. attorney in Seattle. Rogoff was fired in July 2026 less than an hour after being sworn in. Judge Bastian ruled that the president cannot unilaterally fire court-appointed prosecutors, marking a major limit on executive removal powers. The Justice Department disagrees and plans an immediate appeal.
Ruling reinstating Roger Rogoff
- ▪Judge Stanley Bastian ruled that Roger Rogoff has been the rightful holder of the Seattle U.S. attorney office since taking his oath of office on July 15, 2026
- ▪Judge Stanley Bastian ruled that Charles Neil Floyd, whom President Donald Trump directed to lead the Seattle office, was not the rightful U.S. attorney
- ▪On October 1, 2026, U.S. District Judge Stanley Bastian blocked President Donald Trump's firing of Roger Rogoff, reinstating him as Western District of Washington U.S. attorney and prohibiting the Trump administration from obstructing his duties until Senate confirmation
Legal reasoning for the decision
- ▪Judge Stanley Bastian stated that allowing President Donald Trump to fire court-appointed U.S. attorneys would eliminate the executive incentive to nominate candidates who can be confirmed by the Senate
- ▪Judge Stanley Bastian ruled that President Donald Trump cannot unilaterally fire a U.S. attorney who was appointed to the post by a federal district court
Background on the Seattle vacancy
- ▪The Seattle U.S. attorney's office had remained without a Senate-confirmed leader since mid-2023, prompting district judges to appoint Roger Rogoff under federal vacancy law
- ▪President Donald Trump nominated Simon Peter Serrano to serve as the Senate-confirmed U.S. attorney in Seattle last month
Justice Department response and stay requests
- ▪The U.S. Justice Department announced on October 1, 2026, that it disagrees with Judge Stanley Bastian's ruling reinstating Roger Rogoff, intends to appeal, and will seek an immediate stay
- ▪Judge Stanley Bastian denied an initial motion by the Trump administration to stay his reinstatement ruling for Roger Rogoff during the October 1, 2026 hearing
Context of challenges to prosecutor ousters
- ▪The Trump administration in 2026 has previously ousted court-appointed U.S. attorneys in New York, New Jersey, and Virginia, and faced legal challenges over appointments in Nevada
- ▪Roger Rogoff is the first ousted court-appointed prosecutor to challenge his firing by the Trump administration in 2026 in federal court
Debatable claims
- ▪Operating a U.S. attorney's office without executive branch approval compromises federal law enforcement
- ▪District courts are justified in appointing U.S. attorneys when executive vacancies persist
- ▪The president lacks the constitutional authority to fire court-appointed U.S. attorneys
Story comments
Loading comments…