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The Trump administration fired a newly sworn-in U.S. attorney just 54 minutes into his tenure.
Now, in what is believed to be the first lawsuit of its kind, he is fighting back.
Roger Rogoff was appointed to serve as the U.S. attorney for the Western District of Washington last week after a panel of district court judges, among them Democratic and Republican appointees, unanimously decided that he should fill the vacant role. The Trump administration fired him just 54 minutes after he was sworn in, prompting Rogoff to file a lawsuit alleging that the Trump administration lacked the authority to remove him.
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The legal challenge sets up a novel test of presidential power over court-appointed U.S. attorneys, pitting the Trump administration’s claim of broad removal authority against a federal law Rogoff says allows him to serve until a Senate-confirmed successor takes office. The outcome could determine whether presidents may dismiss judicially selected prosecutors at will — and potentially leave key offices under temporary leadership without seeking Senate approval.
Rogoff argues that, while the law allows the Department of Justice to appoint an interim U.S. attorney for 120 days, after that period has expired, the local district court retains the right to appoint a replacement “until the vacancy is filled,” meaning that he can’t be fired until a permanent replacement is approved by the Senate.
Allowing the president to immediately remove any court-appointed U.S. attorney he opposed, according to Rogoff, would permit an administration to circumvent the Senate-confirmation process indefinitely.
“The district court did not coordinate with DOJ on this selection,” a spokesperson for the agency told Fox News Digital of the firing. “Consistent with other firings of this type, this is wholly within the President’s authority.”
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Rogoff’s firing was the latest in a string of dismissals — such as those in New Jersey, New York and Virginia — where the Trump administration has removed U.S. attorneys very early in their tenure. Rogoff is unique in that he is the first to challenge his removal in court.
U.S. attorneys serve as the federal government’s chief prosecutors in their districts, overseeing criminal prosecutions and representing the United States in civil cases. They also direct local U.S. attorney’s offices and coordinate federal law enforcement priorities.
“District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them,” acting Attorney General Todd Blanche said on X shortly after the firing. “[Western District of Washington] judges abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration.”
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A large number of experienced federal attorneys, including many in U.S. attorneys’ offices, have departed the second Trump administration, often going to work for Democratic-run states and taking north of a decade of legal experience with them.
In his complaint, Rogoff points to administration statements indicating that court-appointed U.S. attorneys who lack the president’s support will be removed.
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Rogoff was appointed a King County Superior Court judge by Gov. Jay Inslee, D-Wash., in 2013 and worked in private practice after leaving the bench.
The White House referred Fox News Digital to the DOJ when reached for comment. Rogoff’s attorneys did not respond to a request for comment.
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