Roger Rogoff Sues the Administration After Being Fired Less Than an Hour After Being Appointed by Federal Judges

Roger Rogoff filed a lawsuit on Tuesday against the administration, arguing that his firing as the U.S. attorney for the Western District of Washington was unlawful. Rogoff, a former judge, was unanimously appointed by a panel of federal judges to fill the vacancy. However, the administration announced his removal less than an hour after he was sworn in. The lawsuit contends that while the president typically nominates U.S. attorneys for Senate confirmation, federal law allows judges to appoint a successor when a position remains vacant. Rogoff’s attorneys argue that the president lacks the authority to fire a judge-appointed attorney, potentially violating the Appointments Clause of the Constitution. The administration defended the move, asserting that the president maintains the right to remove any U.S. attorney. Acting Attorney General Todd Blanche stated that while judges can appoint temporary attorneys, the president has the authority to fire them. The case may establish a significant precedent regarding the separation of powers between the executive, judicial, and legislative branches.

Sources