In a move widely regarded as a significant but temporary victory for President Trump, a federal appeals court has blocked the reinstatement of U.S. Attorney Roger Rogoff in the Western District of Washington.
The Ninth Circuit Court of Appeals granted an emergency stay on Thursday, preventing Rogoff from resuming his duties until a final decision is made. This action follows a federal district judge’s ruling that President Trump lacked authority to fire him.
On July 15, 2026, after President Trump failed to appoint a U.S. Attorney confirmed by the Senate, 17 active and senior judges in Washington, D.C., rejected the president’s nominee, Neil Floyd, and unanimously selected Roger Rogoff—a former federal judge and veteran prosecutor—to fill the role. Less than an hour later, President Trump terminated Rogoff.
Rogoff sued his dismissal, arguing that federal law permits district court judges to appoint a U.S. Attorney “until the vacancy is filled” rather than until the president terminates them. U.S. District Judge Stanley Bastian ruled Thursday that the termination was unlawful and ordered Rogoff’s reinstatement.
Bastian emphasized: “It does not say ‘until the president fires the person selected.’” He concluded that Rogoff had been the rightful U.S. Attorney for the Western District of Washington since his oath on July 15, 2026.
The appeals court’s emergency ruling, which preserves the status quo during the Justice Department’s appeal, keeps Rogoff out of his position temporarily.
This case represents the first instance where a court-appointed U.S. Attorney has challenged a presidential firing under current law.
