President Donald Trump terminated the newly installed top federal prosecutor in Seattle on Wednesday, taking action less than 60 minutes after federal judges in the district had unanimously appointed him. The move intensifies the ongoing conflict between the judiciary and the administration regarding the selection of powerful federal law enforcement officials. King County Superior Court Judge Roger Rogoff stands in court on Oct. 10, 2016, in Seattle.
Roger Rogoff, a veteran federal and state prosecutor who also served as a judge, was sworn in at the U.S. courthouse in downtown Seattle shortly before 8 a.m. Following the ceremony, Rogoff traveled to the U.S. Attorney’s Office with the intention of meeting Charles Neil Floyd, whose 120-day interim appointment had concluded in February. Rogoff reported that he received an email from the Trump administration informing him of his dismissal while he waited in the lobby. He is currently consulting with legal counsel regarding a potential lawsuit over the firing.
Typically, U.S. attorneys are presidential appointees subject to Senate confirmation. However, in cases of temporary vacancies, federal judges are authorized to appoint an interim U.S. attorney. The current administration has frequently bypassed standard confirmation procedures by utilizing personnel maneuvers to keep unconfirmed prosecutors in their roles indefinitely.
Acting U.S. Attorney General Todd Blanche defended the move on social media, stating, “District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them.” Blanche further criticized the judges for allegedly abandoning the “time-honored process of consultation with the administration” to ensure the appointee is qualified for the executive branch.
The administration had previously named Floyd, a former immigration judge, as interim U.S. attorney last October but never submitted his nomination to the Senate. When that term expired, the administration shifted Floyd to the role of first assistant U.S. attorney, effectively leaving the top position vacant to avoid a formal appointment. Following a U.S. appeals court panel’s skepticism regarding the legality of this tactic in May, the Seattle federal judges initiated an application process, eventually forming a bipartisan panel to review candidates.
On Wednesday morning, the court—comprising 17 active and senior judges appointed by five different presidents—issued a unanimous order naming Rogoff as the U.S. attorney for western Washington. Democratic Washington U.S. Sen. Patty Murray, who had previously opposed Floyd’s tenure, condemned the swift removal of Rogoff.
Similar tensions have surfaced elsewhere. In December, Alina Habba resigned as the top federal prosecutor for New Jersey after an appeals court ruled her service was unlawful. Additionally, Lindsey Halligan left her post as an acting U.S. attorney in Virginia after a judge determined her appointment was unlawful, leading to the dismissal of indictments she brought against former FBI Director James Comey and others. The judges there named James Hundley, who had handled criminal and civil cases for more than 30 years, but the administration fired him. It also fired a court-appointed U.S. attorney in northern New York.
Rogoff, who brings 20 years of state prosecution experience and six years of federal experience to his background, acknowledged he anticipated the administration might fire him immediately. Despite the conflict, he expressed pride in his selection by the judges. “The fact that the judges of this district—most of whom I’ve spent my career appearing in front of, or trying cases against, or working with—believed that I was the right person to do this work is just really humbling and amazing,” he said.
But under Trump, the Justice Department has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers.
Rogoff, who spent 20 years as a state prosecutor and six as a federal prosecutor before becoming a state judge, said he knew the administration might fire him immediately. But he said he had no qualms about the potential conflict he was walking into. Being U.S. attorney is “the best job there is” for a prosecutor, he said.
