A federal prosecutor in Seattle who was sacked by President Trump last week after barely an hour on the job is challenging his removal in court, setting the stage for an unprecedented legal battle that could determine who has the power to fire court-appointed U.S. attorneys.
As the top prosecutor for the Western District of Washington last Wednesday, after he was unanimously appointed by federal judges to fill a vacancy in the U.S. attorney’s office.
News of his dismissal came in an email from the White House Presidential Personnel Office less than an hour after he was sworn in, according to a lawsuit filed Tuesday.
The complaint, which names Trump and acting Attorney General Todd Blanche, argues Rogoff’s firing was unlawful because the president does not have the authority to “nullify the district’s court’s appointment power” granted by the Appointments Clause.
It also argues that the Trump administration has violated a federal statute governing how vacancies are filled and asks a federal judge to reinstate him as the “validly appointed” pick until a successor is chosen through the presidential nomination and Senate confirmation process.
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