A former attorney in Washington state has initiated legal action against the Trump administration for terminating his employment shortly after a federal judges’ panel unanimously voted to assign him to the position.
This lawsuit marks a unique case as the administration grapples with the ongoing challenge of nominating and securing confirmations for President Donald Trump’s selections for lead prosecutors nationwide, emphasizing strict control over the federal legal framework.
Roger Rogoff, a former judge and seasoned prosecutor, was chosen by the federal judges as the top prosecutor for the Western District of the state last week, but was dismissed less than an hour later.
In his legal filing submitted on Tuesday, Rogoff asserted that the law explicitly permits federal judges to appoint U.S. attorneys until a nominee is confirmed by the Senate.
“However, no one has been nominated, much less confirmed, to occupy the vacancy,” his lawsuit claims.
The legal action requests that the Trump administration adhere to the judges’ selection, contending that Rogoff’s dismissal breaches the Constitution and grants Trump the power to alter legislation.
“The President is not entitled to self-appoint authority for interim appointments, nor can he modify (the law) to necessitate presidential consent for the district court’s selection,” the lawsuit asserts.
“District court judges are able to designate a temporary U.S. Attorney, and the President can dismiss them,” acting Attorney General Todd Blanche stated in a social media update on the day Rogoff was terminated. “WDWA judges forsook the traditional process of consulting with the administration to ensure that the appointed U.S. Attorney is fit to serve in the administration. Roger Rogoff has been dismissed by the President.”
USdaily has contacted the Justice Department for a statement.
Rogoff is not the first lead prosecutor appointed by a panel of district judges to be quickly dismissed by the Trump administration, although some have retreated and allowed the Justice Department to exercise its choice of leadership.
Other offices for U.S. attorneys have experienced conflicts between their district judges and the Trump administration. In various regions, the Justice Department has appointed a lead prosecutor that judges deemed improperly installed due to delays in Senate confirmations for replacements.
A prominent instance of this judicial versus Trump confrontation occurred in Northern Virginia last year, when a federal judge dismissed cases that then-acting U.S. Attorney Lindsey Halligan filed against New York Attorney General Letitia James and former FBI Director James Comey, after determining that the prosecutor was not properly appointed or confirmed by the Senate.
Following the setback and ongoing criticism regarding her leadership of the district, she subsequently resigned from her position. The Justice Department is still pursuing appeals concerning the dismissals of the Comey and James cases.
Additionally, a former personal attorney for Trump, Alina Habba, was compelled to resign after an appeals court determined she was serving improperly as the U.S. attorney in New Jersey.
USdaily’s Katelyn Polantz contributed to this report.
