A federal judge in Seattle ruled on October 1, 2026, that President Donald Trump cannot unilaterally fire court-appointed U.S. attorneys. The decision blocks the ouster of Roger Rogoff, who was sworn in by district judges in July after a vacancy, and marks the first legal victory for a court-appointed federal prosecutor challenging the administration.
The ruling from the bench by Chief U.S. District Judge Stanley Bastian of the Eastern District of Washington grants a preliminary injunction restoring Roger Rogoff as the top federal prosecutor in the Western District of Washington. Rogoff had taken his oath of office on July 15, 2026, only to be fired by email less than an hour later. In his decision, Bastian concluded that the president possesses removal power over Senate-confirmed prosecutors but lacks statutory authority to terminate those selected by district courts when vacancies persist.
Judge Bastian Strikes Down Unilateral Removal
During an hourlong hearing in Yakima, Washington, Bastian addressed a central legal question of first impression: whether the executive branch can dismiss a prosecutor installed by the judiciary under federal vacancy laws. The judge reasoned that allowing such terminations would upend the constitutional framework dividing appointment and confirmation duties between the president and the Senate.
Allowing the president to fire a U.S.
U.S. District Judge Stanley Bastian, via Politico
Federal law permits the attorney general to name an interim U.S. attorney for 120 days. Once that temporary window closes without a Senate-confirmed nominee, the local federal court gains the statutory authority to appoint a prosecutor to hold the office until the vacancy is filled. Bastian emphasized that the statute authorizes the judiciary to select a replacement until the vacancy is filled.
Trump Uses Personnel Workarounds to Name Seattle Prosecutors
The Seattle-based U.S. attorney’s office has lacked a Senate-confirmed leader since mid-2023, following the resignation of former U.S. Attorney Nick Brown. After Donald Trump took office, he dismissed Tessa Gorman, who had been serving temporarily before local judges appointed her in May 2024.
To keep preferred prosecutors in place across the country without legislative approval, the administration adopted personnel workarounds. In Seattle, Trump named former immigration judge Charles Neil Floyd as interim U.S. attorney in October 2025. When Floyd’s 120-day interim term expired in February, the administration shifted his title to first assistant U.S. attorney while leaving the top post technically vacant. Last month, Trump nominated Pete Serrano, the first assistant U.S. attorney in Eastern Washington, to lead the Western District office, but Serrano has not been confirmed.
Bastian’s ruling explicitly stripped Floyd of authority to act as head of the office, determining that the administration had improperly granted executive powers to him. The court barred the White House, Attorney General Todd Blanche, and the Justice Department from interfering with Rogoff’s duties, obstructing his access to office benefits, or treating anyone else as the rightful U.S. attorney.
National Court Battles Over Interim Prosecutors
The Seattle dispute mirrors similar confrontations in federal districts across the country where the administration has tried to bypass the Senate confirmation process. Courts in New York, New Jersey, Virginia, and Nevada have scrutinized administration appointments and workarounds.
| Jurisdiction | Administration Maneuver | Court Outcome |
|---|---|---|
| Western Washington | Fired court-appointed Rogoff; installed Floyd as first assistant | Judge Bastian reinstated Rogoff and barred executive interference |
| Eastern District of Virginia | Appointed Lindsey Halligan; Attorney General Blanche fired court-appointed James Hundley | Judge ruled interim appointment unlawful; indictments dismissed in related cases |
| New Jersey | Tried to reinstate Alina Habba after court picked another prosecutor | Habba resigned after federal appeals court found appointment unlawful |
| Nevada | Used workarounds to keep Sigal Chattah leading the office | Lower courts ruled appointment illegal; appeal pending before the Supreme Court |
Justice Department Appeal To The Ninth Circuit
During the proceedings, Justice Department attorney Joshua Ha argued that the president retains authority to remove someone if he doesn’t have full confidence in that person, pointing to the need for the executive to maintain confidence in his subordinates exercising the executive power.
Following the adverse ruling, the Department of Justice confirmed it disagrees with the decision and intends to seek an immediate stay while pursuing an appeal to the 9th U.S. Circuit Court of Appeals.
Washington’s senior Democratic senator, Patty Murray, who strongly opposes Serrano’s nomination, applauded the decision in a written statement, calling it an important victory for the rule of law. Rogoff, meanwhile, left the courthouse on Thursday to resume his responsibilities at the federal prosecutors’ office, asserting that he will remain in the role until an administration appointee clears the Senate confirmation process.
