A federal judge ruled on Thursday, October 1, 2026, that President Donald Trump cannot fire U. S.
attorneys appointed by district courts.
The preliminary injunction restores Roger Rogoff as the top federal prosecutor in Seattle.
Chief U. S.
District Judge Stanley Bastian delivered the decision from the bench after an hourlong hearing in Washington state.
The ruling stops the executive branch from removing Rogoff or interfering with his official duties until the Senate confirms a permanent successor.
Background of the Dispute
Federal district judges appointed Rogoff to lead the Western District of Washington on July 15, exercising statutory authority after an interim appointment expired without a Senate nominee.
Trump issued a dismissal order less than an hour after Rogoff took his oath of office.
Following the firing, Trump signed an order directing First Assistant U. S.
Attorney Charles Neil Floyd to execute the responsibilities of the office.
Bastian explicitly ruled that Floyd is not the U. S.
attorney and stated that authority was improperly granted to him.
Under federal law, the attorney general can select an interim U. S.
attorney for up to 120 days.
Once that window expires, local federal judges hold the authority to appoint an attorney until a Senate-confirmed nominee takes office.
Last month, Trump nominated Simon Peter Serrano to the Seattle position.
Judge's Reasoning and Next Steps
Bastian emphasized that executive removal power under federal law applies to Senate-confirmed appointees rather than court-selected prosecutors.
He stated that allowing unilateral firings by the president would disrupt constitutional balances between executive appointments and Senate confirmations.
"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 15, 2026, when he took the oath of office," said Chief Judge Stanley Bastian, U.
S. District Court for the Eastern District of Washington.
The judge noted that permitting the president to dismiss judicial appointees removes incentives to submit nominees capable of securing legislative confirmation.
"Allowing the president to fire a United States attorney appointed by the court also eliminates the incentive to nominate a candidate that can be confirmed by the Senate," said Chief Judge Stanley Bastian, U.
S. District Court for the Eastern District of Washington.
He reiterated that constitutional frameworks require co-equal branches to coordinate on leadership appointments.
"In other words, the executive and legislative branches are supposed to and encouraged to work together," said Chief Judge Stanley Bastian, U.
S. District Court for the Eastern District of Washington.
The court highlighted the broad legal significance of the dispute regarding judicial selection power.
"The real issue to be decided in this case by this court appears to be one of first impression: can the president fire a U.
S. attorney appointed by the district court?"
said Chief Judge Stanley Bastian, U. S.
District Court for the Eastern District of Washington.
He formally concluded that executive authority does not extend to overriding court appointments in this context.
"The answer to the question the court is faced with is no. The president cannot unilaterally fire a United States attorney appointed by the district court," said Chief Judge Stanley Bastian, U.
S. District Court for the Eastern District of Washington.
Bastian further explained that maintaining statutory compliance aligns directly with public interest requirements.
"Allowing the president to fire a U. S.
attorney appointed by the district court would upend the framework created by the Constitution and the statutes, which together balance the president's right to appoint and the Senate's right to confirm," said Chief Judge Stanley Bastian, U.
S. District Court for the Eastern District of Washington.
He stressed that upholding the legal oath process serves broader civic governance.
"The court finds it is in the public interest that the law be followed and that Mr. Rogoff take the office to which he has already taken the oath of office," said Chief Judge Stanley Bastian, U.
S. District Court for the Eastern District of Washington.
Rogoff filed the lawsuit to prevent executive maneuvers from circumventing legislative oversight in filling federal prosecutor positions.
"actions will permit the Executive Branch to evade the Senate's advice-and-consent role indefinitely," said Roger Rogoff, U.
S. Attorney for the Western District of Washington.
The Justice Department stated that it does not dispute a court's authority to appoint a U. S.
attorney, but maintains that the president retains constitutional removal power.
The Department of Justice confirmed it will appeal Bastian's decision and seek an immediate stay of the ruling.
