A federal appeals court has temporarily blocked a lower court's decision that would have forced the Trump administration to put Roger Rogoff back in his job as the top federal prosecutor in Seattle. The move, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals on Sunday, halts the reinstatement while the administration's appeal proceeds.
Rogoff, who was appointed by a panel of federal judges to lead the U.S. Attorney's Office for the Western District of Washington, was fired by President Trump in July—less than an hour after he was sworn in. His dismissal came after he was unanimously selected by the district's judges to fill a vacancy, a process outlined in federal law.
U.S. District Judge Stanley Bastian, an Obama appointee, ruled in October that Rogoff's termination was unlawful and ordered the administration to restore him to the position until a permanent successor is confirmed by the Senate. Bastian reasoned that the president cannot unilaterally replace a court-appointed U.S. attorney, noting that both Congress and the president must work together to fill such vacancies for extended periods.
The Trump administration quickly sought an emergency stay, arguing that the president has the constitutional authority to fire any U.S. attorney, regardless of how they were appointed. On Sunday, the 9th Circuit granted that request, stating in an unsigned order that the pause is "only intended to preserve the status quo" as the case moves through the appeals process.
Rogoff's legal team acknowledged the court's decision in a filing Monday, saying that while they "do not concede" the administration is likely to win on appeal, Rogoff will remain out of the role for now.
The case centers on a legal question that has not been fully tested in federal courts: whether a president can remove a U.S. attorney who was appointed by judges, not by the president. Rogoff argues that Trump lacks the statutory and constitutional authority to fire him. The Justice Department counters that the president's removal power over U.S. attorneys is absolute.
Federal law allows the attorney general to appoint an interim U.S. attorney for up to 120 days when a vacancy occurs. After that period, district court judges may appoint someone to serve until the vacancy is permanently filled—which is how Rogoff came to hold the position. Judge Bastian's order emphasized that neither the president nor Congress can unilaterally fill the office for the long term.
Trump has nominated Pete Serrano, the first assistant U.S. attorney for the Eastern District of Washington, to take over the Seattle office. Serrano's nomination is pending in the Senate.
The appeals court's decision is a temporary setback for Rogoff, but the underlying legal dispute remains unresolved. The case could have broader implications for how U.S. attorneys are appointed and removed, particularly in situations where judges step in to fill vacancies.
This development comes as the Supreme Court opens its new term, and it follows a series of high-profile legal fights over executive power. The 9th Circuit's ruling does not address the merits of Rogoff's claims, but it keeps him out of office while the appeal is litigated.
