President Trump immediately fired Rogoff when the district’s federal judges appointed him in July to replace First Assistant Attorney Charles Neil Floyd, who failed to advance in the Senate.
A federal judge ruled on Thursday that Roger Rogoff is the US Attorney for the Western District of Washington. President Donald Trump immediately fired Rogoff when the district’s federal judges appointed him in July to replace First Assistant Attorney Charles Neil Floyd, who failed to advance in the United States Senate.
The president nominated Pete Serrano to the post in September, and Serrano already took over the office. Judge Stanley Bastian, appointed by Barack Obama, decided that Trump had no authority to fire Rogoff, and said Rogoff could assume office, effective immediately.
Judge Bastian granted Rogoff, a former King County Superior Court Judge and longtime prosecutor, a preliminary injunction. He found that Rogoff met the following relief requirements: likely to succeed on the merits, irreparable harm without an injunction, balance of equities that favors him, and the injunction serves the public interest.
Under the US Constitution, the President of the United States has the sole power of selecting a US Attorney. The Department of Justice (DOJ) said it intends to seek an immediate stay and will appeal the decision.
The district’s 17 federal judges decided to select their own US Attorney under a contested federal law that allows judges to make appointments if a nomination has not yet been sent to the Senate. Floyd’s had not yet been at the time.
Rogoff's appointment was seen as going behind the Department of Justice's back. President Trump fired Rogoff 54 minutes after he was sworn in on July 15. Floyd took back his office until Serrano was appointed on September 14.
Judge Bastian said the case centered on the Separation of Powers and the Appointments Clause in the Constitution, KOMO News reported.
At the time, Attorney General Todd Blanche said, "District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them. WDWA judges abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration. Roger Rogoff has been fired by the President."
The judge ruled that Serrano is not the US Attorney, nor is Floyd. He also decided that the President cannot fire Rogoff in this case.
Judge Bastian plans to write a written decision this afternoon.
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