Roger Rogoff's tenure as the federal prosecutor for western Washington lasted barely an hour on Wednesday. The career judge and prosecutor was sworn in before 8am at the Seattle courthouse, walked to his new office, and received a termination email while waiting in the lobby.
Rogoff's dismissal erupted the same morning that a panel of 17 federal judges unanimously appointed him to the position after the interim prosecutor's temporary appointment expired. The swift firing marks the latest clash between the Trump administration and the federal judiciary over control of powerful positions that oversee criminal prosecutions across the country.
"The judges of this district believed that I was the right person to do this work," Rogoff said in an interview. "The fact that most of whom I've spent my career appearing in front of, or trying cases against, or working with, believed in me is just really humbling and amazing." He said he is consulting with lawyers about suing over his removal.
Under normal circumstances, the president appoints US attorneys, the top federal prosecutors in each judicial district, though Senate confirmation is required. That process changes when a temporary appointment expires and no nominee has been confirmed. Federal judges can then select a prosecutor to fill the vacancy.
The Trump administration has been working to circumvent this judicial authority. When Charles Neil Floyd's 120-day interim appointment expired in February, the Justice Department shifted his title to first assistant US attorney rather than nominating a replacement, leaving the top position vacant. Floyd, a former immigration judge, had been named interim US attorney last October but was never sent to the Senate for confirmation.
Acting US Attorney General Todd Blanche defended the firing on social media, arguing that while judges can appoint temporary prosecutors, the president retains the power to fire them. He also criticized the judges for bypassing "the time-honored process of consultation with the administration."
In May, a federal appeals court panel had expressed doubt about whether the administration's maneuver of shifting prosecutors to lower positions while leaving the top post empty was even lawful. That skepticism prompted the 17 judges in western Washington, appointed by five different presidents, to open applications for the position.
Senator Patty Murray of Washington, who had opposed Floyd's appointment as US attorney, condemned the quick removal of Rogoff.
"This administration doesn't want to deal with advice and consent," Murray said in a statement. "They just want to install cronies to carry out a corrupt political agenda."
Rogoff's case is not isolated. In December, Alina Habba stepped down as the top federal prosecutor for New Jersey after an appeals court ruled she had been serving unlawfully. Lindsey Halligan, who brought indictments against figures including former FBI Director James Comey and New York Attorney General Letitia James, was forced out of her position as acting US attorney in Virginia after a judge determined her appointment was illegal and dismissed her indictments. James Hundley, a 30-year prosecutor appointed by judges in Virginia to replace Halligan, was also fired by the Trump administration. A court-appointed US attorney in northern New York has likewise been terminated.
Rogoff, who spent two decades as a state prosecutor and six years in federal prosecution before becoming a state judge, acknowledged before taking office that he might be removed immediately. He said he had no reservations about stepping into the situation.
"Being US attorney is the best job there is for a prosecutor," Rogoff said.
Author James Rodriguez: "Trump's done this play before, but the execution is getting sloppier each time a judge tries to stand in the way."
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