President Donald Trump dismissed the newly appointed top federal prosecutor in Seattle on Wednesday, taking the action less than an hour after a panel of federal judges had unanimously selected him for the position. King County Superior Court Judge Roger Rogoff stands in court on Oct. 10, 2016, in Seattle. The move highlights an ongoing conflict between the executive branch and the judiciary regarding the authority to appoint U.S. attorneys.
Roger Rogoff, a veteran of both state and federal prosecution who previously served as a judge, was sworn in at the U.S. courthouse in downtown Seattle shortly before 8 a.m. Following the ceremony, Rogoff visited the U.S. Attorney’s Office to request a meeting with Charles Neil Floyd, whose 120-day interim term had concluded in February. While waiting in the office lobby, Rogoff received an email from the Trump administration notifying him of his immediate termination. Rogoff stated that he is currently consulting with legal counsel regarding the possibility of filing a lawsuit over his dismissal.
The tension stems from the Justice Department’s attempt under the Trump administration to maintain unconfirmed prosecutors in their roles indefinitely through various personnel strategies. Acting U.S. Attorney General Todd Blanche defended the firing on social media, asserting that while district court judges possess the power to appoint temporary U.S. attorneys, the president maintains the authority to terminate them. Blanche further criticized the judicial panel, claiming they failed to follow the traditional process of consulting with the administration to ensure the selected candidate was qualified.
The administration previously named Floyd, a former immigration judge, as interim U.S. attorney last October but failed to submit his nomination to the Senate. Once his interim term expired, the administration attempted to retain him by designating him as the first assistant U.S. attorney while leaving the lead position vacant. A U.S. appeals court panel expressed doubt regarding the legality of this maneuver in May. In response, local federal judges appointed a bipartisan panel to review applicants, culminating in the unanimous selection of Rogoff by a group of 17 active and senior judges representing five different presidential administrations.
Democratic Washington U.S. Sen. Patty Murray, who had previously opposed the appointment of Floyd, criticized the decision to fire Rogoff. This incident follows similar disputes across the country. In New Jersey, Alina Habba resigned as a top federal prosecutor after an appeals court ruled her service was unlawful. Similarly, in Virginia, Lindsey Halligan left her post after a judge determined her appointment was invalid, leading to the dismissal of indictments against James and former FBI Director James Comey. The administration also fired a court-appointed U.S. attorney in northern New York and James Hundley, who had handled criminal and civil cases for more than 30 years, but the administration fired him.
Despite being aware that the administration might move to remove him immediately, Rogoff, who spent 20 years as a state prosecutor and six as a federal prosecutor before becoming a state judge, maintained that he had no hesitation about the potential conflict. Describing the role as the best job available for a prosecutor, he expressed pride in his career and gratitude for the support of the judges, many of whom he has worked with or appeared before throughout his professional life.
Presidents normally appoint U.S. attorneys, the top federal prosecutor in each judicial district. The positions require Senate confirmation, except in temporary appointments. When temporary appointments expire before a nominee is confirmed, the judges in a judicial district can name a U.S. attorney.
