Trump administration removes Seattle U.S. attorney shortly after judges appoint him
How left and right are reading this
- Both agree
- A vacancy-filling statute was put to an immediate stress test when judges installed a veteran prosecutor and the administration erased that choice within the hour.
- They split on
- Whether the story is about preserving a statutory backstop that keeps federal offices functioning, or about clarifying the president's removal power when judges fill a vacancy.
The Facts
- Federal judges in the Western District of Washington unanimously appointed Roger Rogoff to serve as U.S. attorney for the district.
- Rogoff was sworn in on Wednesday morning in Seattle and was removed by the Trump administration less than an hour later, with multiple reports saying the notice came by email.
- Rogoff is a former judge and veteran prosecutor with state and federal experience.
- The dispute arose after a vacancy in the Seattle U.S. attorney's office was not filled through a presidential nomination, and Charles Neil Floyd's 120-day interim term had ended earlier this year.
- The firing has set up a potential legal fight over whether the president can remove a U.S. attorney appointed by federal judges under the statute that allows courts to fill vacancies.
- Rogoff has said he is consulting lawyers and considering suing over his removal.
Context
Why were judges appointing a U.S. attorney in Seattle?
The judges acted after the position remained vacant without a presidentially nominated, Senate-confirmed appointee. Reports say Charles Neil Floyd had served a 120-day interim term that ended in February, after which the district's judges moved to fill the post themselves under federal law U.S. News & World R…,CNN International,Yakima Herald-Repub….
What legal issue could this dispute test?
The central question is whether a president can remove a U.S. attorney appointed by district judges when a federal statute allows courts to fill vacancies. Several reports describe that issue as unresolved and say a lawsuit from Rogoff could become a test case NYT,Reuters,International Busin….
What happens next?
Rogoff has said he is consulting other lawyers and may sue over his firing, so the next step could be litigation over the appointment and removal powers at issue Hindustan Times,Reuters,U.S. News & World R….
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