A federal appeals court has paused a judge’s order that would have put Roger Rogoff, the Seattle U.S. attorney President Trump fired within an hour of his swearing-in, back in the job. A U.S. attorney is the top federal prosecutor for a region. The fight began because the Senate has not confirmed Trump’s pick for the post, a panel of judges installed its own man, and Trump fired him.
Quick Take
- On Sunday, October 4, the Ninth Circuit Court of Appeals granted a short-term pause, called an administrative stay, on the order that reinstated Roger Rogoff as U.S. attorney in Seattle.
- District Judge Stanley Bastian had ruled on Thursday, October 1, that Trump’s firing of Rogoff broke the Constitution and federal law, and ordered him back to work.
- Trump fired Rogoff by email less than an hour after federal judges swore him in on July 15.
- Trump’s nominee for the job, Pete Serrano, has not been confirmed by the Senate. Washington’s two Democratic senators earlier blocked his path to the same post in Eastern Washington.
- The pause is temporary. The Ninth Circuit has not yet ruled on a longer stay or on the appeal itself.
Appeals Court Pumps the Brakes on a Liberal Judge’s Order
The U.S. Court of Appeals for the Ninth Circuit, the federal court that reviews rulings from trial judges in nine Western states, handed President Trump a win on Sunday, October 4. The court granted the Justice Department’s emergency request for an administrative stay. That is a brief hold that freezes a lower court’s order while the appeals judges decide what to do next. It keeps Rogoff out of the office of top federal prosecutor for Western Washington for now.
The court said plainly that this is not a final ruling. The order said the pause was “only intended to preserve the status quo” and “does not constitute in any way a decision as to the merits.” In plain terms, this is a timeout, not a touchdown for either side. The court’s next step is to decide whether to keep Judge Bastian’s order on hold for the whole appeal. As of Monday, October 5, it had not issued that ruling, and Trump’s firing of Rogoff stands.
How the Fight Over the Seattle Prosecutor Started
Federal law lets the attorney general name a temporary U.S. attorney for 120 days. After that, if the Senate has not confirmed anyone, the local federal judges may fill the job themselves. Trump nominated Pete Serrano, a former mayor of Pasco, Washington, and a senior federal prosecutor in Eastern Washington, but the Senate has not confirmed him. Senators Patty Murray and Maria Cantwell, both Washington Democrats, had earlier blocked Serrano’s path to the U.S. attorney job in the eastern half of the state.
On July 15, the judges of the Western District of Washington voted unanimously to appoint Rogoff, a former federal prosecutor and former King County judge, and swore him in. Trump fired him by email less than an hour later. Rogoff sued, arguing the firing cut the Senate out of its role in confirming a replacement.
Stanley Bastian, a federal district judge from Eastern Washington, sided with Rogoff on Thursday, October 1. He issued a preliminary injunction, which is a court order that takes effect while a lawsuit is still being decided. It told the administration to treat Rogoff as the rightful officeholder dating back to July 15 and barred the government from blocking his pay, staff or office access.
Why the President’s Removal Power Is the Real Fight
This case boils down to a basic question: can a president fire a prosecutor that a court, not the president, put in the job? Federal law says each U.S. attorney is subject to removal by the president. The Justice Department argues that covers every U.S. attorney, including one appointed by judges. Its lawyers told the appeals court that swapping the administration’s chosen leader for Rogoff would cause “chaos” in the office.
Judge Bastian, an Obama appointee, saw it differently. He wrote that Congress did not give the president sole power to fill the office, and that allowing the removal “would upend the framework created by the Constitution and the statutes.” Conservatives answer that the office belongs to the executive branch, not the courts, and that judges should not be able to pick a prosecutor and then shield him from the president.
Jim Walsh, chairman of the Washington State Republican Party, called Bastian’s ruling “patently illegal” and said the appeals court was right to back the president’s power to fire.
What Comes Next for the Case
The stay buys the Trump administration time while the appeal moves forward. Because it did not touch the merits, both sides will now make their full case to the appeals judges, who could side with either one.
For now, Charles Neil Floyd, the administration’s choice, continues to lead the Seattle office. He served as the temporary U.S. attorney and stayed on as first assistant, the office’s number-two post, after his 120 days ran out. The outcome will matter well beyond Seattle. It could decide how much power presidents have over U.S. attorney offices nationwide, and who really controls federal law enforcement.
Sources:
lynnwoodtimes.com, news.bloomberglaw.com, justthenews.com, reuters.com, washingtonexaminer.com, courthousenews.com
