A newly sworn U.S. attorney who was ousted by the Trump administration just 54 minutes into the job has launched a legal challenge that could become a major test of the president’s authority over federal prosecutors.
Roger RogoffThe man who was elected U.S. attorney for the Western District of Washington filed a lawsuit arguing that the government did not have the legal authority to remove him from office.
Rogoff was appointed last week after a panel of Democratic and Republican-appointed federal judges unanimously selected him to fill the vacancy. However, the Trump administration fired him shortly after he was sworn in.
The lawsuit is believed to be the first of its kind over the removal of a court-appointed U.S. attorney and could determine whether the president can fire a federal judge-selected prosecutor before a Senate-confirmed successor takes office.
Why was Roger Rogoff fired?
Rogoff argued that federal law protects court-appointed U.S. attorneys from immediate removal. Under the law, the Justice Department can appoint an interim U.S. attorney for a 120-day period.
He argued that after that period, the district court could appoint a replacement who would remain in the position until the Senate confirms a permanent nominee.
His complaint claims that allowing the president to remove any court-appointed U.S. attorney who lacks government support would allow the executive branch to bypass the Senate confirmation process.
The Trump administration has denied that argument and defended the firings.
“As with other such firings, this is entirely within the authority of the president,” a Justice Department spokesperson told Fox News Digital.
Acting Attorney General Todd Blanche also defended the move, writing on X: “A district court judge can appoint a temporary U.S. attorney and the president can fire them.”
Branch accused the Western District of Washington judges of taking action without consulting the government, saying they abandoned a “time-honored consultation process” to ensure prosecutors are aligned with the government’s priorities.
Legal battle over presidential powers
U.S. Attorneys serve as the chief federal prosecutors for their districts. They oversee criminal prosecutions, represent the government in civil matters and help determine federal law enforcement priorities.
Rogoff’s case comes as the Trump administration has fired several U.S. attorneys across the country, including those in New Jersey, New York and Virginia. However, Rogoff was the first of those fired to challenge his dismissal in court.
Before becoming a federal prosecutor, Rogoff served for several years as a state prosecutor, worked in private practice and served as a state judge after being appointed to King County Superior Court in 2013 by Washington Gov. Jay Inslee.
