Institutional Clash: Prosecutor Fired by Trump Sues the President for Firing Him One Hour After Taking Office

A Seattle federal prosecutor who was fired by President Donald Trump less than an hour after taking office filed a lawsuit on Tuesday to challenge his dismissal, kicking off what could become a historic legal battle over whether the president has the authority to remove federal prosecutors appointed by federal judges. Roger Rogoff was removed from office last Wednesday shortly after being sworn in, and according to the lawsuit filed on Tuesday, the White House Office of Presidential Personnel notified him of his dismissal via email less than an hour after he took office.

The lawsuit, filed against Trump and Acting Attorney General Todd Blanche, argues that the president acted beyond his constitutional authority by removing a prosecutor appointed by the federal judiciary. Rogoff, who was unanimously selected by federal judges to serve as U.S. attorney for the Western District of Washington, argued that the president cannot "override the district court's power of appointment" granted by the Appointments Clause of the Constitution.

The lawsuit also alleges that the Administration violated federal law governing the filling of vacancies in federal prosecutor's offices. Federal law allows the attorney general to appoint an acting federal prosecutor for a period of up to 120 days when a vacancy occurs. If, at the end of that period, no presidential nominee has been confirmed by the Senate, federal district judges are authorized to appoint a replacement who may "serve until the vacancy is filled"—the procedure through which Rogoff assumed office.

Despite this legal provision, the Department of Justice has maintained that the president retains the authority to remove any federal prosecutor, regardless of whether they were appointed by the executive branch or by the courts. "District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them. WDWA [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," Blanche wrote on her X account.