President Donald Trump terminated Seattle’s newly appointed U.S. Attorney Roger Rogoff within an hour of his Wednesday swearing-in, escalating a constitutional showdown between the White House and federal judiciary over who controls prosecutorial appointments when Senate confirmations stall.
Court Appointment Overturned Immediately
Rogoff, a former judge with 26 years of prosecutorial experience, took his oath before 8 a.m. at the Seattle federal courthouse after receiving unanimous approval from 17 judges. The bipartisan judicial panel included appointees from five different presidents. As Rogoff waited in the U.S. Attorney’s Office lobby to meet with outgoing interim prosecutor Charles Neil Floyd, an email arrived from the Trump administration: he was fired.
Acting Attorney General Todd Blanche defended the termination on social media, stating that while district judges possess authority to appoint temporary U.S. Attorneys, the president retains firing power. Blanche criticized the judges for abandoning customary consultation with the administration to ensure appointees align with executive priorities.
Administration Uses Novel Workaround Tactics
The conflict emerged from Trump’s unprecedented personnel strategy. After naming Floyd interim U.S. Attorney last October, Trump never submitted his nomination to the Senate. When Floyd’s 120-day interim term expired in February, the administration simply changed his title to first assistant U.S. Attorney while leaving the top position vacant. A May appeals court panel questioned whether this maneuver met legal standards, prompting Seattle’s federal judges to accept applications and appoint Rogoff.
This marks the third court-appointed prosecutor Trump has terminated. The administration previously fired court-selected U.S. Attorneys in northern New York and Virginia. In Virginia, a judge ruled that acting U.S. Attorney Lindsey Halligan served unlawfully and dismissed indictments she brought against political figures including former FBI Director James Comey. New Jersey’s top prosecutor Alina Habba resigned in December after an appeals court deemed her service unlawful.
Constitutional Powers Collide
Senator Patty Murray of Washington condemned the firing, accusing the administration of installing cronies to advance political objectives while circumventing constitutional advice-and-consent requirements. The clash highlights fundamental questions about separation of powers when presidents refuse to submit nominations for Senate consideration. Federal law grants district judges appointment authority specifically for situations where vacancies persist without presidential action, creating the legal ambiguity now playing out. Rogoff indicated he is consulting attorneys about potential legal action over his termination.