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Judge Rules Trump Cannot Remove US Attorney Roger Rogoff

October 1, 2026 Priya Shah – Business Editor Business
“Greatest hour in my life,” Roger Rogoff told KOMO News regarding his initial appointment. A federal judge ruled from the bench that Roger Rogoff remains the U.S. Attorney for Western Washington, denying an attempt by President Trump to remove him following a July appointment, komonews.com reported. The judge granted Rogoff’s request for a preliminary injunction after determining he satisfied all four legal requirements for relief, including a likelihood of success on the merits, irreparable harm, a favorable balance of equities, and the public interest. A written decision on the matter was scheduled for later Thursday.

President Trump Attempted to Fire U.S. Attorney Rogoff

The core of the legal dispute rests on the separation of powers and the appointments clause of the Constitution. Federal judges appointed Rogoff, a longtime federal prosecutor and former King County Superior Court judge, to the U.S. attorney post in July, and he officially took the oath of office on July 15. Less than an hour after that swearing-in, President Trump attempted to fire Rogoff via an email notification titled “A Message From the President.” The presiding judge clarified that under federal law, the president can nominate a U.S. attorney subject to Senate confirmation, and the attorney general can make temporary appointments. Once those statutory options expire, however, the district court holds the authority to appoint a U.S. attorney to fill a vacancy. Because of this statutory framework, the court concluded that the executive branch cannot unilaterally remove a court-appointed U.S. attorney. Consequently, the ruling establishes that Rogoff has legally held the office continuously since taking his oath in July. In his remarks to komonews.com following the initial firing attempt, Rogoff emphasized that the dispute transcends his individual tenure. If the president were to appoint a candidate who subsequently gained confirmation from the U.S. Senate, Rogoff stated he would “be cheering the rule of law.”

Rejection of Alternative Appointees and Future Proceedings

The bench ruling also clarified the status of other individuals connected to the office. The judge explicitly determined that Pete Serrano, who received a nomination for the position but has not secured Senate confirmation, is not the U.S. attorney. Similarly, the court ruled that Charles Neil Floyd, given authority over the office on September 25, also lacks the legal status of U.S. attorney. Following the delivery of the decision, government representatives requested an immediate stay of the ruling. The presiding judge promptly denied the request, leaving the preliminary injunction fully in place while the litigation proceeds toward subsequent phases.

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