DOJ plans to appeal reinstatement of court-appointed U.S. attorney
A federal judge on Thursday blocked President Donald Trump’s firing of U.S. Attorney Roger Rogoff in Seattle and reinstated him to the post until the U.S. Senate confirms a replacement.
U.S. District Judge Stanley Bastian ruled from the bench at the end of a hearing that a U.S. attorney cannot be removed unilaterally after being selected for the post by a district court. Bastian agreed to grant Rogoff’s request to be reinstated until the Senate confirms a successor.
Rogoff, a longtime prosecutor and former state judge, was appointed by a panel of federal judges after the post had been left vacant by the Trump administration. He took the oath of office on July 15.
Trump fired Rogoff less than one hour after he was sworn in, according to the ruling.
Bastian ruled that Rogoff has been the “rightful” U.S. attorney in the Western District of Washington since July 15, when federal district judges in the region appointed him and he took the oath of office.
Trump last month nominated Simon Peter Serrano to be the U.S. attorney in Seattle. The Senate has not yet confirmed a successor to Rogoff.
Bastian also ruled that Charles Neil Floyd, who has been heading the office, “is not the United States attorney” for the Western District of Washington and that his authority had been “improperly granted.” Floyd had been running the office in an acting capacity after Rogoff’s dismissal.
The U.S. Department of Justice said it plans to appeal and immediately seek to stop Bastian’s ruling.