Court-appointed U.S. attorney in Seattle reinstated by district judge
Court-appointed U.S. attorney in Seattle reinstated by district judge
Zachary Fletcher, USA TODAYThu, October 1, 2026 at 10:12 PM UTC
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Roger Rogoff, who was fired by Trump in July less than an hour into his time as the U.S. attorney for Western Washington and later filed a lawsuit in response, is now back on the job.
On Thursday, U.S. District Court Judge Stanley Bastian issued a preliminary injunction and reinstated Rogoff as U.S. attorney. He also ruled that President Donald Trump does not have the authority to remove attorneys approved by district judges.
“The president cannot unilaterally fire a United States attorney appointed by the district court,” Bastian said in a ruling from the bench, according to Politico. Doing so, Bastian continued, “would upend the framework created by the Constitution and the statutes, which together balance the president’s right to appoint and the Senate’s right to confirm.”
Trump and Attorney General Todd Blanche cannot interfere with Rogoff's role as U.S. attorney, per an order from Bastian, unless Trump appoints a new nominee and the U.S. Senate confirms the pick.
“I care deeply about the rule of law and the careful checks and balances envisioned by our Founders and carried out by Congress,” Rogoff said in a statement. “I appreciate the judicial process and am now focused on assuming the role of US Attorney and getting to work for the people of Western Washington."
The Department of Justice expressed opposition to the ruling in a Oct. 1 social media post, writing that "We disagree with the decision and intend to seek an immediate stay and will appeal."
“Trump fired a qualified, court-appointed U.S. attorney in under an hour simply because he didn’t pick him, and today a judge said what we all knew: that’s against the law," Senator Patty Murray said in a statement. "Today’s ruling is an important victory for the rule of law and the people in Western Washington who deserve a U.S. attorney that answers to the law, not Donald Trump.”
Who is Roger Rogoff?
Rogoff is a former King County Superior Court judge, King County prosecutor, and federal prosecutor. He most recently served as the state's first director of the Office of Independent Investigations (OII) before resigning earlier this year. The OII was created in 2021 to investigate cases of deadly force used by police. Former Gov. Jay Inslee appointed Rogoff to the agency in June 2022.
What position was Roger Rogoff fired from?
On July 15, Rogoff was sworn in to be the U.S. attorney for the Western District of Washington state, taking over from Trump-appointee First Assistant U.S. Attorney Charles Neil Floyd.
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Less than an hour later, he found out over email that he had been fired by President Donald Trump. According to the Seattle Times, Rogoff was in the lobby of Seattle's U.S. District Courthouse when he learned of the news.
The Western District of Washington's federal judges swore Rogoff into the position of U.S. attorney for the region in July, five months after Floyd's term expired in February. Trump tapped Floyd for the position in October 2025.
Floyd's term ended only four months after being appointed because Trump did not formally nominate him, instead appointing him as interim attorney (with a term limit of 120 days, per US Code 546, that ended on Feb. 3, 2026) then as first assistant U.S. attorney. Floyd most recently served as special counsel for immigration enforcement in the FBI Office of General Counsel.
Later in July, Rogoff filed a lawsuit in federal court against President Donald Trump, Acting Attorney General Todd Blanche and the U.S. Department of Justice. “The President’s actions violate the law, and they ignore the protections of the Constitution of the United States," Rogoff said in a statement at the time. "His removal of me, like his removal of other court-appointed U.S. Attorneys across the country, is illegal and cannot stand."
In September, Trump nominated Pete Serrano to the role of U.S. Attorney for Western Washington in an attempt to get around Rogoff's appointment. Serrano currently serves as Special Attorney to the Attorney General and the First Assistant for the Eastern District of Washington.
How was Rogoff nominated?
Presidents appoint the U.S. attorneys, and the nomination requires Senate confirmation — except in temporary or interim appointments like Floyd's. If the temporary appointment term expires before official confirmation, district judges can name a U.S. attorney.
The last Western District U.S. attorney to be nominated by the president and confirmed by the Senate was Nicholas W. Brown in 2021, according to the court. Both Trump and former President Joe Biden failed to carry out the process.
Zachary Fletcher is a trending news reporter with USA TODAY Network's Washington state team. Keep up with him on X (@zdfletch), BlueSky (@zfletcher.bsky.social) or reach him at zfletcher@usatodayco.com.
This article originally appeared on USA TODAY: Court-appointed U.S. attorney in Seattle reinstated by district judge
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