Federal judge reinstates Roger Rogoff as U.S. attorney for Western Washington
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The Facts
- Judge Stanley Bastian reinstated Roger Rogoff as U.S. attorney for the Western District of Washington.
- Bastian ruled that Trump lacked authority to unilaterally remove a U.S. attorney appointed by a district court.
- Western District of Washington judges appointed Rogoff in July.
- Trump fired Rogoff less than an hour after he took office.
- Bastian's order keeps Rogoff in office until the Senate confirms a replacement.
- Trump nominated Simon Peter Serrano to lead the Seattle U.S. attorney's office.
- The Justice Department said it intended to seek a stay and appeal the decision.
Context
Why did federal judges appoint Rogoff?
The district's judges appointed Rogoff after the administration had not filled the vacancy with a nominee confirmed by the Senate. NBC News HuffPost
What did the judge's ruling decide?
Bastian concluded that a president cannot unilaterally fire a U.S. attorney appointed by a district court. POLITICO Washington Times
What happens next?
Rogoff is to remain in the job until a Senate-confirmed successor takes office, while the Justice Department has said it plans to seek a stay and appeal. UPI theepochtimes.com
Where Left and Right agree, and where they split
- Where Left and Right agree
- The dispute turns on whether Trump had unilateral authority to remove a U.S. attorney the district court itself had appointed, and Bastian found he did not.
- Where Left and Right split
- The left and the right split on whether a judge-appointed prosecutor answers to the courts or the president.
- Why they won’t converge
- The sides divide on trust in institutions — whether removal power over prosecutors belongs to courts that filled a vacancy or to the elected executive — a separation-of-powers disagreement the ruling's facts don't settle.
How left and right read it
Who holds prosecutorial power is not the president's to decide alone, and that principle is exactly what was tested when Rogoff was fired less than an hour into a job the Western District of Washington's judges had given him in July. Because the court found no unilateral removal authority, he stays until the Senate confirms a replacement — and this ruling is not an isolated one. Appeal it if you like. The confirmation requirement is the whole point.
“The ruling, by U.S. District Judge Stanley Bastian, is the latest in a string of court decisions to conclude that the Trump administration has illegally maneuvered to install loyalists in U.S. attorney roles across the country” — Washington Post
At stake is whether a president can replace a U.S. attorney, or whether that power belongs to the court that filled the vacancy. Bastian's order keeps a judge-appointed prosecutor in place even after Trump fired him within the hour and named a successor, so the Justice Department is right to seek a stay and appeal — that choice should rest with elected hands, not the bench.
“The case is part of a string of instances where Mr. Trump has fired U.S. attorneys who resisted presidential priorities, then tried to install people more willing to do his will.” — Washington Times
Trump named a successor, but it's Senate confirmation that decides who actually holds the office, not the president alone.
The receipts — all 37 sources
Wire services (9)
Independent coverage (28)
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