President Removes Court-Appointed Interim U.S. Attorney After 120-Day Term Lapsed

A federal prosecutor in Seattle filed suit Tuesday challenging his removal by President Trump. Roger Rogoff was sworn in last Wednesday as U.S. attorney for the Western District of Washington after appointment by the district's judges.

An email from the White House Presidential Personnel Office notified him of the dismissal shortly afterward. The complaint, filed in federal court in Seattle, names President Trump and Acting Attorney General Todd Blanche as defendants. It argues that the president lacks authority to remove a court-appointed U.S. Attorney under the Appointments Clause and that the administration violated federal law on filling vacancies.

The suit seeks an order reinstating Rogoff until the president nominates and the Senate confirms a replacement. The Justice Department maintains that Trump retains the power to fire any U.S. Attorney. Acting Attorney General Todd Blanche wrote on X that district court judges can appoint a temporary U.S. attorney and the president can fire them.

Rogoff stated that his removal, like those of other court-appointed prosecutors, is illegal.

The Western District of Washington has lacked a Senate-confirmed U.S. attorney since mid-2023. Trump previously fired Tessa Gorman, who had been appointed by the judges in May 2024. The office is currently led by Charles Neil Floyd as first assistant.

Rogoff is the first ousted U.S. attorney to challenge his firing in court. The administration has terminated similar appointees in Virginia, New Jersey, New York, and Nevada. A comparable case involving Alina Habba ended with a December ruling by the U.S. Court of Appeals for the 3rd Circuit that she had unlawfully remained in an acting role past her term.