October 1, 2026 · Executive Power & Institutional Control · Court ruling
Confirmed

Judge Reinstates Trump-Fired U.S. Attorney in Seattle, Says President Can't Unilaterally Remove Him

On October 1, 2026, U.S. District Judge Stanley Bastian of the Western District of Washington blocked President Trump's firing of Roger Rogoff, the U.S. attorney for the Western District of Washington, and ordered him reinstated. Rogoff had been appointed to the post by the district's federal judges on July 15, 2026, after his predecessor's term expired; Attorney General Todd Blanche fired him less than an hour after he was sworn in and nominated Simon Peter Serrano to replace him. Bastian ruled that the president cannot unilaterally remove a U.S. attorney appointed by the court, writing, "The answer to the question the court is faced with is no. The president cannot."

The ruling tests a running dispute over who controls U.S. attorney appointments once a district court steps in to fill a vacancy the president has not. If Trump cannot remove a judicially appointed prosecutor at will, it limits the administration's ability to install loyalists in top federal law enforcement posts without the Senate confirmation Congress built into the appointments process for this situation.

The Justice Department said it intends to appeal immediately and seek a stay. Bastian's order keeps Rogoff in place until the Senate confirms a successor.
Legal outcome: Firing blocked and Rogoff reinstated pending a Senate-confirmed successor; DOJ says it will appeal
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