SerpApi.Org
Newly appointed U.S. Attorney Roger Rogoff filed a lawsuit against President Donald J. Trump, the Executive Office of the President, Acting Attorney General Todd Blanche, and the U.S. Department of Justice on July 21, 2026, following a rapid firing attempt by the administration. The civil action was submitted to the U.S. District Court for the Western District of Washington under Case No. 2:26-cv-02566.
The legal filing comes immediately after judges in the Western District of Washington appointed Rogoff as U.S. Attorney on July 15, 2026.
That statute allows a federal district court to name an interim top prosecutor when a vacancy goes unfilled beyond the initial 120-day term allowed for an Attorney General appointee. The office had lacked a Senate-confirmed U.S. Attorney since Nicholas Brown resigned in June 2023, and no formal presidential nomination was submitted to fill the position.
According to the complaint, Rogoff was sworn into office on the afternoon of July 15. Less than an hour later, he received an email from the Deputy Director of Presidential Personnel stating that the President removed him from office pursuant to Article II of the Constitution and 28 U.S.C. § 541(c).
Later that evening, Acting Attorney General Todd Blanche posted on social media that “District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them,” adding that the court had ignored the administration’s input.
In the complaint, Rogoff argues that his removal violates the explicit statutory text of § 546(d), which mandates that a court-appointed U.S. Attorney serves “until the vacancy is filled” by a nominee appointed by the President and confirmed by the Senate. The lawsuit asserts that allowing the executive branch to immediately terminate court-appointed prosecutors bypasses Congress’s authority under the Appointments Clause and enables the administration to maintain unconfirmed officials in key positions indefinitely.
The filing notes that the Justice Department currently treats First Assistant U.S. Attorney Charles Neil Floyd as the district’s chief federal law enforcement officer. Floyd was previously placed into the role by the administration as an interim appointee and subsequently shifted to First Assistant U.S. Attorney when his 120-day term under § 546(a) expired in February 2026.
The lawsuit highlights a broader pattern across multiple federal jurisdictions where the administration has moved to fire court-appointed interim prosecutors. Similar disputes over executive appointment power and judicial interim picks have surfaced recently in the District of New Jersey, the Northern District of New York, and the Eastern District of Virginia. In those regions, legal challenges surrounding interim leadership have led to the dismissal of indictments, the quashing of subpoenas, and judicial rulings finding specific executive workarounds unlawful.
In his prayer for relief, Rogoff asks the federal court for a declaration that his firing was unlawful and void, a declaration protecting his statutory right to hold the position, and an injunction blocking the administration from preventing him from fulfilling his duties as U.S. Attorney. Rogoff is represented by legal counsel from HKM Employment Attorneys LLP and Munger, Tolles & Olson LLP.
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Court-Appointed Federal Prosecutor Sues Trump Admin Following Rapid Dismissal
