Federal Judge Blocks Trump’s Removal of Court-Appointed Prosecutor
Andrew Powell · Oct 2, 2026 · 2 min read

A federal judge has ordered the Trump administration to reinstate Roger Rogoff as the U.S. attorney for the Western District of Washington, setting up another legal battle over the president’s authority to remove federal prosecutors.
Chief Judge Stanley Bastian issued a preliminary injunction Thursday, ruling that Rogoff remains the lawful holder of the position, to which he had been appointed by judges in the district after his predecessor was fired by President Donald Trump less than an hour after Trump took office, according to Fox News.
Rogoff had been selected by the Western District of Washington’s federal judges after the U.S. attorney position remained vacant without a Senate-confirmed nominee. He was sworn in on July 15, after which the administration quickly removed him from the position.
Bastian’s order prevents the administration from treating Rogoff as lawfully removed and requires officials to recognize him as the district’s U.S. attorney. The judge also ordered the government not to interfere with Rogoff’s access to the resources and benefits associated with the position.
The ruling centers on a dispute over the president’s removal authority. The Justice Department has maintained that Trump has the power to fire Rogoff, while Bastian concluded that the president cannot unilaterally remove a U.S. attorney appointed through the statutory process involving federal judges.
The administration plans to challenge the decision. The Justice Department said it “disagrees with the decision” and intends to seek an immediate stay while pursuing an appeal.
White House spokesperson Lauren Bis also criticized the ruling, saying the administration believes U.S. attorneys serve at the president’s pleasure.
The dispute has drawn broader attention because federal law allows district judges to appoint an interim U.S. attorney when the attorney general’s temporary appointment expires and no Senate-confirmed nominee has filled the position. The administration argues that the president retains removal authority over such prosecutors.
The legal fight also comes against the backdrop of earlier disputes involving court-appointed or interim U.S. attorneys in New Jersey, Virginia and New York. Rogoff’s lawsuit is notable because he directly challenged his removal, resulting in Thursday’s preliminary ruling.



