A legal battle has erupted over whether the US president can remove a federal prosecutor appointed by judges to temporarily fill a vacant position.
Roger Rogoff, who was appointed by judges to serve as the US attorney for the Western District of Washington, filed a lawsuit in federal court in Seattle after President Donald Trump removed him shortly after he took office.
Rogoff’s complaint argues that federal law allows a court-appointed US attorney to remain in the position until a replacement nominated by the president is confirmed by the Senate. He is asking the court to invalidate his dismissal and declare that he remains in office until a Senate-confirmed successor assumes the post.
The dispute began after the district’s chief judge swore Rogoff in as US attorney on July 15. Within about an hour, Trump removed him from the position.
Rogoff, a former federal prosecutor and state court judge, said the dismissal violated both federal law and constitutional protections. He also argued that the president’s action was part of a broader effort to remove court-appointed US attorneys across the country.
The Justice Department has taken the opposite position, maintaining that the president has the authority to dismiss prosecutors appointed by federal courts. The department said the Seattle court had made its selection without coordinating with the Justice Department and that the president’s decision was within his authority.
Acting Attorney General Todd Blanche had earlier defended the removal, saying that while district judges may appoint a temporary US attorney, the president retains the power to fire that appointee.
Rogoff was chosen for the Seattle post after the position remained vacant without a Senate-confirmed nominee. He is also associated with the law firm Osborn Machler & Neff.
The lawsuit could now put the limits of presidential control over temporary federal prosecutors under direct scrutiny, with the outcome potentially affecting similar court-appointed US attorneys elsewhere in the country.
