Trump Fires Roger Rogoff Less Than an Hour After Seattle Judges Pick Him

Seattle Gets a One-Hour U.S. Attorney

A fight over who runs the U.S. Attorney’s Office in the Western District of Washington moved fast Wednesday, even by Washington standards, which usually means three meetings to schedule a meeting. Federal district judges in Seattle unanimously picked Roger Rogoff, a veteran prosecutor and former state judge appointed by Democratic Gov. Jay Inslee, to serve as U.S. attorney after Trump’s preferred choice, Neil Floyd, was blocked by Senate Democrats. Floyd has been serving as First Assistant U.S. Attorney in Seattle. Rogoff reportedly arrived at the office around 8 a.m. to take over, but the White House sent a termination notice less than an hour after his selection.

The Scene Was Reported From Seattle

White House Cites Presidential Authority

According to a Justice Department spokeswoman cited in the report, Rogoff was told in writing that President Trump had directed his removal under 28 U.S.C. 541(c) and Article II of the Constitution. That is the heart of the fight: federal judges can appoint a temporary U.S. attorney when a vacancy drags on, but the administration says the president can remove that person. In plain English, the judges tried to fill the chair, and the White House yanked it back before the nameplate got warm. It is not every day a personnel dispute turns into a separation-of-powers cage match before lunch.

Blanche Says Judges Skipped Consultation

Rogoff Is Considering Legal Action

Rogoff told reporters that he and his lawyers are considering all legal options, and he has retained HKM Employment Attorneys LLP. He argued that the president gets to choose U.S. attorneys only with the advice and consent of the Senate, and he called the current situation untenable, unconstitutional, and illegal. Acting Attorney General Todd Blanche pushed back, saying district judges may appoint a temporary U.S. attorney, but the president may fire that appointee. So the next round may land in court, where everyone will solemnly explain that this is about the Constitution, not political control of a powerful federal prosecutor’s office. Naturally.

WE’D LOVE TO HEAR YOUR THOUGHTS! PLEASE COMMENT BELOW.