The court said the temporary stay is intended only to “preserve the status quo” while judges consider the administration's larger request and “does not constitute in any way a decision as to the merits” of the case.
The appeals court granted the Trump administration an administrative stay in the case involving Roger Rogoff, who was appointed US Attorney for the Western District of Washington by federal judges in July.
Trump fired Rogoff less than an hour after he was sworn in. Acting Attorney General Todd Blanche said at the time, “District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them.” Rogoff was originally appointed to the King County Superior Court by Democrat Governor Jay Inslee in 2013. He was later appointed by Inslee in 2022 to the first director of the statewide office of independent investigations. Then he was appointed to Western District of Washington by a panel of judges in the district.
The unusual showdown came after the district's federal judges appointed Rogoff to take over the office. Rogoff arrived at the US Attorney's Office expecting to take control before being informed that the White House had removed him. Rogoff subsequently sued Trump and the Justice Department, arguing that because he had been appointed by the federal court rather than the president, Trump did not have the authority to remove him.
On Thursday, US District Judge Stanley Bastian sided with Rogoff and ordered that he be reinstated. The Obama-appointed judge ruled that “Roger Rogoff is the U.S. Attorney for the Western District of Washington and has been the rightful holder of that office since July 15, 2026.” Bastian concluded that Rogoff could remain in the position until a replacement nominated by the president was confirmed by the Senate.
The Trump administration immediately appealed, arguing that the president has the authority to remove US attorneys, including those temporarily appointed by federal judges. Federal law states that “each United States attorney is subject to removal by the President.” The administration argued that the provision applied to Rogoff just as it does to other US attorneys.
The Justice Department also argued that Bastian's ruling improperly prevents the president from removing an official who exercises executive power on behalf of the federal government.
On Sunday, the Ninth Circuit temporarily froze Bastian's order while it considers the government's request for a longer stay during the appeal. “The request for an administrative stay is GRANTED,” the court stated. However, the Ninth Circuit stressed that Sunday's ruling does not decide whether Trump legally had the authority to fire Rogoff. The court said the temporary stay is intended only to “preserve the status quo” while judges consider the administration's larger request and “does not constitute in any way a decision as to the merits” of the case.
The immediate result is that Rogoff will not be reinstated while the Ninth Circuit considers the next stage of the Trump administration's appeal.
Trump has nominated Pete Serrano to serve as US Attorney for the Western District of Washington, but Serrano has not yet been confirmed by the Senate.
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