President Donald Trump removed the newly appointed U.S. attorney for Western Washington on Wednesday, less than an hour after the federal court selected him for the position. The decision has drawn attention to the ongoing debate over how temporary federal prosecutors are appointed and removed when Senate confirmation has not taken place.
Roger Rogoff, a former judge with decades of experience as both a state and federal prosecutor, was sworn in as the new U.S. attorney early Wednesday morning at the federal courthouse in Seattle. His appointment came after federal judges in the district voted unanimously to place him in the role.
According to Rogoff, he took the oath of office before 8 a.m. and then went to the U.S. Attorney’s Office to begin his first day. While waiting to meet with Charles Neil Floyd, who had previously served as interim U.S. attorney, Rogoff said he received an email informing him that President Trump had removed him from the position.
Rogoff said he is reviewing his legal options and consulting with attorneys about the possibility of challenging the dismissal in court. No lawsuit had been filed at the time of the announcement.
Under normal circumstances, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate. They serve as the chief federal prosecutors within each judicial district and oversee criminal prosecutions as well as civil cases involving the federal government.
Federal law also provides a temporary appointment process. If an interim U.S. attorney’s term expires before a permanent nominee is confirmed by the Senate, judges in the federal district may appoint a temporary replacement to ensure the office continues operating.
The situation in Seattle developed after Charles Neil Floyd’s 120-day interim appointment ended in February. Floyd had originally been named interim U.S. attorney by President Trump in October of the previous year. However, his nomination for permanent confirmation was never submitted to the Senate.
Instead of replacing him through Senate confirmation, the administration assigned Floyd to the position of first assistant U.S. attorney while leaving the top office officially vacant. Similar staffing approaches have been used in several other federal districts.
Earlier this year, a panel of federal appeals court judges questioned whether that personnel arrangement complied with federal law. Following those concerns, judges in Western Washington opened an application process to select a new temporary U.S. attorney.
The court also established a bipartisan review panel to evaluate candidates. After reviewing the applications, the district’s active and senior judges unanimously selected Rogoff to lead the office.
Soon after the appointment became official, the Trump administration removed him from the position.
Acting Deputy Attorney General Todd Blanche defended the decision in a public statement. He said federal district judges have the authority to appoint a temporary U.S. attorney, but the president also has the authority to remove that individual. Blanche also criticized the court’s appointment process, saying the judges had not followed the traditional practice of consulting with the administration before making their selection.
The unusual sequence of events has renewed discussion about the balance of authority between the executive branch and the federal judiciary. While courts may temporarily fill vacant U.S. attorney positions under federal law, the president retains constitutional authority over executive branch officials, creating the potential for disputes when appointments are made without presidential approval.
Legal experts say the case could raise important questions about the limits of presidential removal powers and the role of federal courts in maintaining leadership within U.S. attorney offices when Senate-confirmed nominees have not been installed.
The office of the U.S. attorney plays a key role in enforcing federal law, prosecuting criminal cases, representing the United States in civil litigation, and coordinating with federal law enforcement agencies.
For now, leadership of the Western Washington U.S. Attorney’s Office remains uncertain as questions continue over the legal process used to fill the position. Any future court challenge could provide additional guidance on how temporary federal prosecutor appointments should be handled when vacancies remain unresolved.
