SEATTLE — In a first-of-its-kind decision testing the constitutional limits of executive power, a federal judge ruled Thursday that President Donald Trump lacks the legal authority to remove U.S. attorneys appointed by federal courts.
Following an hourlong hearing, Chief U.S. District Judge Stanley A. Bastian of the Eastern District of Washington granted a preliminary injunction reinstating Roger Rogoff as the U.S. Attorney for the Western District of Washington. Rogoff was appointed by the local federal bench in July, only to be fired by the administration minutes after taking office.
“Mr. Roger Rogoff is the United States Attorney for the Western District of Washington and has been the rightful holder of that office since July 15, 2026, when he took the oath of office,” Judge Bastian ruled from the bench.
Constitutional Mechanics and the Statutory 120-Day Limit
The legal conflict stems from federal statutory provisions governing prosecutor vacancies under 28 U.S.C. § 546:
STATUTORY APPOINTMENT & REMOVAL TIMELINE
[Presidential Interim Appointment] ──► Serves up to 120 Days
│
▼
[120-Day Expiration without Senate Action] ──► Statutory Power Shifts to Local District Court
│
▼
[Local Court Appoints U.S. Attorney] ───────► Serves Until Senate Confirms President's Nominee
│
▼
[Unilateral Executive Removal Attempt] ──────► Declared Unlawful by Federal Court
Under federal law, the executive branch may fill a U.S. attorney vacancy temporarily for up to 120 days. If the administration fails to secure a Senate-confirmed nominee within that timeframe, the statutory authority shifts to the local federal district court to appoint an interim U.S. attorney to serve until a permanent presidential nominee is confirmed by the Senate.
While the administration has frequently attempted to maintain its preferred interim appointees beyond the 120-day limit or terminate court-appointed successors, Judge Bastian held that presidential removal power applies strictly to Senate-confirmed prosecutors, not those named by the judiciary.
“Allowing the president to fire a United States attorney appointed by the court also eliminates the incentive to nominate a candidate that can be confirmed by the Senate,” Judge Bastian stated during the ruling. “In other words, the executive and legislative branches are supposed to and encouraged to work together.”
Scope of the Preliminary Injunction
The preliminary injunction provides immediate protections that prevent executive interference with regional federal law enforcement operations:
- Direct Reinstatement: Reaffirms Rogoff as the lawful chief federal law enforcement officer for the Western District of Washington.
- Prohibition on Interference: Explicitly forbids the Justice Department from obstructing Rogoff’s access to federal facilities or hindering his ability to perform his official duties.
- Restriction on Appointees: Prevents the administration from recognizing any alternative official or interim candidate as the district’s U.S. attorney during the ongoing litigation.
Nationwide Pattern of Executive Disputes over Federal Prosecutors
Rogoff’s lawsuit represents the first time a court-appointed U.S. attorney has formally challenged an executive firing in court, establishing a direct precedent amid similar legal battles across the country.
| Jurisdiction | District Conflict | Status of Legal Challenge |
| Western District of Washington (Seattle) | Court appointed Roger Rogoff after the 120-day limit; administration attempted firing minutes later. | Injunction Granted: Judge Bastian ruled executive removal of court appointee unlawful. |
| District of New Jersey | Administration sought to keep former criminal attorney Alina Habba beyond 120 days. | Resolved: Appeals court ruled Habba’s appointment unlawful; Habba resigned and DOJ collaborated with judges on a court appointee. |
| District of Nevada | Lower courts invalidated the administration’s workaround to maintain chosen appointee Sigal Chattah. | Pending: DOJ appealed lower court decisions to the U.S. Supreme Court, which has not yet granted review. |
Executive Response and Legal Next Steps
The Justice Department acknowledged that local federal courts possess the statutory authority to appoint U.S. attorneys under Section 546, but maintained that Article II of the Constitution preserves the president’s authority to remove any executive branch officer.
DOJ representatives confirmed that the administration will appeal Judge Bastian’s ruling. Until appellate courts intervene, Judge Bastian’s injunction remains in effect, barring the administration from removing Rogoff or impeding his operations in Seattle.
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