(The Epoch Times)—A court-appointed U.S. attorney in Seattle who was fired by the Trump administration filed suit on July 21 against the government to prevent his removal from the post.
Although the Department of Justice under President Donald Trump has fired several top federal prosecutors appointed by courts, this new lawsuit by former state judge Roger Rogoff is the first brought by a fired interim U.S. attorney who seeks to block his removal.
This means it could be a test case on presidential authority, coming after the Supreme Court’s landmark ruling last month in Trump v. Slaughter, which expanded the president’s power to fire senior government officials.
Rogoff, who was appointed on July 15 by the judges of the U.S. District Court for the Western District of Washington and fired by the Trump administration about an hour later, filed his motion on July 21 in the same court.
“The President’s actions violate the law, and they ignore the protections of the Constitution of the United States,” Rogoff said in a statement.
“His removal of me, like his removal of other court-appointed U.S. Attorneys across the country, is illegal and cannot stand.”
Rogoff asked the court to rule that his dismissal is invalid and that he is entitled to stay on as U.S. attorney in the judicial district until a Senate-confirmed successor takes his place.
Rogoff was appointed to replace Trump’s choice, Charles Neil Floyd. Floyd began as U.S. attorney in fall 2025, then continued as “first assistant U.S. attorney” after his initial 120-day term ran out, a workaround that allowed him to continue controlling prosecutions in the judicial district. He was not formally nominated by Trump to be U.S. attorney.
Section 546 of Title 28 of the U.S. Code, known as the U.S. attorneys vacancy statute, authorizes federal district courts to appoint an interim U.S. attorney after a temporary 120-day appointment made by the U.S. attorney general lapses without a Senate-confirmed replacement.
Citing the absence of a presidential nomination, the judges appointed Rogoff to the position, after which he was promptly sacked.
In his motion, Rogoff’s attorneys say that the judges “validly appointed” their client as U.S. attorney under Section 546.
“That statute is firmly rooted in, and designed to protect, Congress’s Appointments Clause power to prescribe the method for filling inferior officer vacancies, including for U.S. Attorneys,” they said.
The Constitution’s appointments clause provides that the president may appoint officers to assist him in carrying out his duties. Principal officers must be nominated by the president and confirmed by the Senate. A principal officer is a high-level employee in the federal government, including cabinet secretaries, heads of major independent agencies, ambassadors, federal judges, and heads of military departments.
Congress has the power to delegate the appointment of so-called inferior officers, including U.S. attorneys, other federal prosecutors, and special counsels, to the president alone, the head of an executive department, or the courts.
Congress has in fact delegated the power to appoint an interim U.S. attorney to the courts in Section 546 after a 120-day appointment by the attorney general runs out.
Under the statute, Rogoff is supposed to serve as U.S. attorney until a successor is nominated by the president and confirmed by the Senate, the motion said.
The federal government’s effort to remove Rogoff from the post “violates the clear commands of [Section] 546,” the motion states.
The Department of Justice (DOJ) said the president followed the law.
The department said the district court “did not coordinate with DOJ on this selection.”
“Consistent with other firings of this type, this is wholly within the President’s authority,” it said.
In similar cases, the DOJ has cited Section 541(c) of Title 28 of the U.S. Code in support of dismissals. The provision states, “Each United States attorney is subject to removal by the President.”
Acting U.S. Attorney General Todd Blanche, whom Trump has nominated to assume that post permanently, said on social media last week that Trump acted lawfully.
“District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them,” Blanche said in a post on X on July 15.
Reuters contributed to this report.
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