Roger Rogoff, the U.S. attorney in Western Washington and subject of an ongoing legal battle with the Trump administration over that position, is once again out of a job.
After U.S. District Court Judge Stanley Bastian issued an injunction and reinstated Rogoff as U.S. attorney on Oct. 1, the federal government challenged that ruling and 9th Circuit Court of Appeals issued an administrative stay over the weekend. The move is "only intended to preserve the status quo," according to court documents, allowing First Assistant U.S. Attorney Charles Neil Floyd to remain in the position while the judges decide on hearing the challenge to Bastian's injunction ruling. The 9th Circuit hearing is expected later this month.
“We will not oppose the government’s
motion for a stay while the appeal is pending in the 9th Circuit so that we can focus our efforts on defending the district court’s decision on an expedited basis,” Rogoff said in a statement, according to the Seattle Times. “Unfortunately, this means that the U.S. Attorney’s Office remains under the leadership of an unlawfully appointed head, and the vital work of the federal prosecutors continues to be subject to challenge.”
Bastian ruled on Oct. 1 that Donald Trump does not have the authority to remove attorneys approved by district judges. “The President cannot unilaterally fire a U.S. Attorney appointed by the Court.,” Bastian said in a ruling. Doing so, Bastian continued, “would upend the framework created by the Constitution and the statutes, which together balance the president’s right to appoint and the Senate’s right to confirm.”
"The district court has issued an unprecedented and indefensible injunction," the U.S. Department of Justice wrote in court filings over the weekend in response.
Rogoff v. Trump timeline
July 15: Judges from the Western District of Washington appoint Roger Rogoff as U.S. Attorney after Trump failed to formally nominate Floyd to the position.
July 15: Rogoff is fired by President Trump after 54 minutes on the job as U.S. Attorney for the Western District of Washington.
July 21: Rogoff files a lawsuit in federal court against President Donald Trump, Acting Attorney General Todd Blanche and the U.S. Department of Justice.
Sept. 14: Trump nominates first assistant U.S. attorney Pete Serrano to the role of U.S. Attorney for Western Washington
Oct. 1: Rogoff is reinstated as U.S. Attorney for Western Washington, after U.S. District Court Judge Stanley Bastian ruled that President Donald Trump does not have the authority to remove attorneys approved by district judges.
Oct. 5: Rogoff is out as U.S. Attorney, for the second time in three months, after the 9th District Court of Appeals stayed the Oct. 1 order reinstating Rogoff. Hearings on Bastian's ruling are set for later this month.
How was Rogoff nominated?
Presidents appoint the U.S. attorneys, and the nomination requires Senate confirmation — except in temporary or interim appointments like Floyd's. If the temporary appointment term expires before official confirmation, district judges can name a U.S. attorney.
Floyd's term ended only four months after being appointed because Trump did not formally nominate him, instead appointing him as interim attorney (with a term limit of 120 days, per US Code 546, that ended on Feb. 3, 2026) then as first assistant U.S. attorney. Trump tapped Floyd for the position in October 2025.
The last Western District U.S. attorney to be nominated by the president and confirmed by the Senate was Nicholas W. Brown in 2021, according to the court. Both Trump and former President Joe Biden failed to carry out the process.
Zachary Fletcher is a trending news reporter with USA TODAY Network's Washington state team. Keep up with him on X (@zdfletch), BlueSky (@zfletcher.bsky.social) or reach him at zfletcher@usatodayco.com.
This article originally appeared on USA TODAY: Roger Rogoff is out as U.S. attorney in WA for second time since July
