A federal judge is blocking President Donald Trump’s move to oust the top federal prosecutor in Western Washington. The ruling says the White House cannot go ar
A federal judge is blocking President Donald Trump’s move to oust the top federal prosecutor in Western Washington. The ruling says the White House cannot go around the Senate’s power to confirm who holds that job and reinstates Roger Rogoff as a U.S. attorney.
U.S. District Judge Stanley Bastian granted Rogoff a preliminary injunction and barred Trump and the Justice Department from interfering with his duties while Rogoff’s lawsuit moves forward. Bastian also denied the administration’s request to pause the ruling during an appeal.
“Mr. Roger Rogoff is the United States Attorney for the Western District of Washington and has been the rightful holder of that office since July 15th, 2026,” Bastian said from the bench.
The decision is the latest development in a dispute over who can lead the Seattle-based U.S. attorney’s office when a president has not secured Senate confirmation for a nominee.
“It is a win for the rule of law, not for me,” Rogoff said after leaving the courthouse. “The court recognized that in order to appoint someone as the U.S. attorney you have to get Senate confirmation. That hasn't happened."
Federal law allows the attorney general to appoint an interim U.S. attorney for 120 days, but that period expired after former U.S. Attorney Nick Brown resigned in 2023. At that point, federal judges in the district can appoint a U.S. attorney to serve until the vacancy is filled.
Rogoff earned that appointment in July but Trump fired him by email within minutes of his swearing-in.
The administration had kept Charles Neil Floyd in the office as first assistant U.S. attorney after his interim tenure ended. Earlier this month, Trump nominated Pete Serrano, the first assistant U.S. attorney in Eastern Washington, to lead the Western Washington office.
However, Bastian said Serrano is not the U.S. attorney because he has not been confirmed by the Senate.
Former U.S. Attorney John McKay said the ruling makes clear Rogoff has legally held the office since July and argued the administration was trying to bypass the Senate’s confirmation role.
“United States attorneys are to be nominated by the president and confirmed by the Senate under our Constitution, and what the president has tried to do is install his loyalists in places where he doesn't think he can get Senate confirmation,” McKay said.
The Justice Department can appeal to the 9th U.S. Circuit Court of Appeals. Rogoff, meanwhile, is entitled to resume the duties and benefits of the office, including access, staff support and back pay, according to the ruling.
“The moment that the administration appoints someone and gets them confirmed, then that person will be the U.S. attorney,” Rogoff said. “Until then, I’ll be the U.S. attorney."
