Seattle federal prosecutor returns after judge overturns Trump firing: Authorities confirm

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The ruling changed the picture quickly
A federal judge has ordered the Trump administration to recognize Roger Rogoff as U.S. attorney for Western Washington, putting him back in charge after his firing following the court’s order. The decision came October 1, after Rogoff challenged his removal. Judge Stanley Bastian issued an injunction, saying Rogoff may continue serving until the vacancy is filled by a Senate-confirmed successor. paulbradyphoto/Depositphotos
Rogoff was appointed to fill a vacancy
Rogoff became U.S. attorney after federal judges in Western Washington appointed him on July 15, 2026. The appointment filled a vacancy with no confirmed replacement in place at the time. He took the oath and was authorized to serve until the vacant office was filled through presidential nomination and Senate confirmation under federal law, according to the appointment order itself. Depositphotos
Federal law sets a backup process
Federal law provides several ways to fill a vacant U.S. attorney position. The Attorney General can make a temporary appointment while the office lacks a Senate-confirmed leader when vacancies occur. That temporary appointment lasts up to 120 days. After that period, Section 546 allows the district court to appoint a U.S. attorney who can serve until the vacancy is filled. Depositphotos
The firing came less than an hour later
Rogoff had barely started the job when President Trump ordered his removal. He was sworn in July 15 and removed less than one hour after his oath of office. A message from presidential personnel said the president had directed his removal under federal authority. Rogoff then sought relief through federal courts and challenged the decision in court in July. Fun fact: The U.S. attorney role dates to 1789, making it 81 years older than the U.S. Department of Justice. Depositphotos
The dispute moved into federal court
Rogoff filed a lawsuit in July after losing the position. His case asked the court to block the firing and restore him as U.S. attorney for Western Washington in Seattle. The lawsuit focused on whether the president could remove someone appointed by a district court under the federal vacancy law. The court treated that question as requiring careful statutory interpretation.

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A judge issued a preliminary injunction
On October 1, Bastian granted Rogoff’s request for a preliminary injunction. That order immediately restored him to the U.S. attorney position in Western Washington while the case continues for now. A preliminary injunction is temporary court relief issued before a final judgment. Here, the judge found Rogoff met the requirements for relief and ordered the administration not to obstruct his return. Depositphotos
The court rejected a unilateral firing
Bastian ruled that the president could not unilaterally fire Rogoff after the district court appointed him under Section 546(d). The decision turned on statutes and the Constitution in this case. The judge said court-appointed U.S. attorneys are different from acting or interim attorneys. Under his reading, Rogoff remains in office until the vacancy is filled through nomination and Senate confirmation. Depositphotos
The Senate still has a role
The Constitution provides that many federal officers are nominated by the president and appointed with the Senate’s advice and consent. U.S. attorney vacancies also have temporary procedures under federal law. The court said those rules work together. It found the district court could appoint Rogoff after the appointment period ended, while a replacement would require presidential nomination and Senate confirmation. rourouguan/Depositphotos
Serrano has been nominated but not confirmed
President Trump nominated Simon Peter Serrano for U.S. attorney in Western Washington in September. The nomination was sent to the Senate on September 14 and referred to the Judiciary Committee. As of October 2, the Senate record showed the nomination remained pending. Because Serrano had not been confirmed, he had not yet filled the vacancy Rogoff was appointed to cover. Despositphotos
Floyd had been running the office
Before the ruling, Charles Neil Floyd had been performing the duties of U.S. attorney for Western Washington. The administration directed him to carry out those functions after Rogoff was removed. Bastian’s order changed that arrangement. The judge said Floyd was not the U.S. attorney and barred the administration from treating anyone other than Rogoff as U.S.

He took the oath and was authorized to serve until the vacant office was filled through presidential nomination and Senate confirmation under federal law, according to the appointment order itself.

attorney for the district. Depositphotos
Rogoff must have access to the job
The order does more than restore Rogoff’s title. It requires the Trump administration not to deny him the benefits and resources tied to the U.S. attorney position under the injunction. The judge barred officials from obstructing Rogoff’s duties. The order says he must be allowed to serve as chief federal law enforcement officer for Western Washington while the injunction applies. Little-known fact: The Western District of Washington has federal courthouses in both Seattle and Tacoma and covers the state west of the Cascade Mountains. MichaelVi/Depositphotos
The administration has already appealed
The Justice Department said it disagreed and planned to seek a stay while appealing. A notice of interlocutory appeal was filed with the Ninth Circuit after the October 1 order. The administration asked the appeals court to pause the reinstatement. That means the dispute is moving beyond the trial court, even as Rogoff’s preliminary injunction remains in place unless changed. The legal battle is not the only closely watched political contest, as four Democrats compete for opportunity to take on Kiggans in Virginia district. Depositphotos
The legal fight is not finished
Rogoff’s return does not end the case. The October 1 ruling is a preliminary injunction, and the administration continues to challenge it through the Ninth Circuit appeals process for now. The order says Rogoff is the U.S. attorney for Western Washington until the vacancy is filled by a Senate-confirmed successor. The question is whether a court will change that arrangement. For another federal court fight over a U.S. attorney appointment, check out why the Federal court stopped a Trump-appointed U.S. attorney from taking office in Nevada. What happens next in Rogoff’s case? Share your thoughts in the comments and let us know how you’re following the legal battle. This slideshow was made with AI assistance and human editing. Read More From This Brand:

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