Roger Rogoff, a former judge and experienced prosecutor, has filed a lawsuit against the Trump administration after being dismissed less than one hour after federal judges unanimously appointed him as a US attorney in Washington state.
A panel of federal judges selected Rogoff to serve as the US attorney for the Western District of Washington last week. However, President Donald Trump’s administration removed him from the position shortly afterward.
The case is reportedly the first legal challenge of its kind amid continuing disputes over the appointment of lead federal prosecutors across the United States.
Lawsuit Defends Judges’ Appointment Authority
Rogoff filed the lawsuit on Tuesday, arguing that federal law gives district court judges the power to appoint an interim US attorney until a presidential nominee is confirmed by the Senate.
According to the complaint, no candidate has been nominated or confirmed to permanently fill the vacant position.
Rogoff is asking the court to require the Trump administration to recognize the judges’ appointment. His lawsuit claims the dismissal violated constitutional principles and improperly allowed the president to override the existing appointment process.
The filing argues that the president cannot transfer interim appointment authority to himself or make a judicial appointment dependent on presidential approval.
Trump Administration Defends the Firing
Acting Attorney General Todd Blanche defended Rogoff’s removal in a social media statement. He acknowledged that district judges can appoint temporary US attorneys but maintained that the president also has the authority to dismiss them.
Blanche accused the Western District of Washington judges of abandoning the customary process of consulting with the administration before choosing an interim prosecutor.
The Justice Department has been contacted for comment regarding the lawsuit.
Similar Appointment Disputes Across the Country
Rogoff is not the first court-appointed federal prosecutor to be quickly removed by the Trump administration. However, previous disputes generally ended with courts allowing Justice Department officials to install their preferred leadership.
Similar conflicts have emerged in several judicial districts where judges determined that prosecutors selected by the Justice Department were not legally serving in their positions. These disagreements commonly occurred after temporary appointment periods expired without Senate confirmation of a permanent replacement.
Northern Virginia Cases Dismissed Over Appointment Issues
One of the most prominent appointment disputes occurred in Northern Virginia. A federal judge dismissed cases brought by then-acting US Attorney Lindsey Halligan against New York Attorney General Letitia James and former FBI Director James Comey.
The judge concluded that Halligan had not been legally appointed and had not received Senate confirmation.
Halligan later left the position following the ruling, continued criticism and controversy surrounding her leadership. The Justice Department is appealing the dismissal of the Comey and James cases.
Alina Habba Also Forced to Leave US Attorney Role
Former Trump personal attorney Alina Habba faced a similar legal challenge in New Jersey. She was required to step down after an appeals court ruled that she had been improperly serving as the state’s US attorney.
Roger Rogoff’s lawsuit could clarify how much authority federal judges and the president have over temporary US attorney appointments.
Its outcome may also affect similar conflicts between the Trump administration, federal courts and the Justice Department over who can legally lead federal prosecutor offices while permanent nominees await Senate confirmation.