A federal judge has reinstated Roger Rogoff as the U.S. attorney for the Western District of Washington, ruling that President Donald Trump could not unilaterally remove him after federal judges appointed him to the post.
U.S. District Judge Stanley Bastian issued the decision on Thursday, October 1, 2026, granting Rogoff’s request for a preliminary injunction and ordering the Justice Department to restore him while the dispute proceeds.
The Washington Post reported on the ruling.
The ruling creates an immediate setback for the Trump administration, which had replaced Rogoff with Charles Neil Floyd and argued that the president retained the authority to remove U.S. attorneys serving in the executive branch.
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Why the U.S. attorney dispute began
Rogoff became the U.S. attorney for Western Washington on July 15, 2026, after the district’s federal judges appointed him to lead the office.
He was sworn in at the federal courthouse in Seattle but was dismissed by the administration less than an hour later.
The position had been vacant after Floyd’s temporary appointment expired.
Floyd, a former immigration judge, had initially been named interim U.S. attorney in October 2025, but his name was not sent to the Senate for confirmation.
After the interim period ended, the Justice Department designated Floyd as first assistant U.S. attorney and continued to have him lead the office.
The administration maintained that this arrangement allowed Floyd to perform the duties of the top federal prosecutor while the formal position remained vacant.
The Western District’s federal judges took a different approach.
Under federal law, judges may appoint a U.S. attorney when a district’s top prosecutorial office has remained vacant for a specified period.
They selected Rogoff, a former King County Superior Court judge and veteran prosecutor.
What Judge Bastian decided
Rogoff argued that the president could not simply cancel a court appointment without either action by the judges who selected him or the Senate confirmation of a replacement.
The Justice Department argued that the president has constitutional authority over executive branch officials, including the power to remove U.S. attorneys whenever the administration loses confidence in them.
Judge Bastian rejected that position for the purposes of the preliminary injunction.
The ruling recognizes Rogoff as the lawful U.S. attorney and prevents the administration from interfering with his duties while the case continues.
Bastian also determined that Floyd was not the U.S. attorney for the Western District of Washington and that the authority previously granted to him had been improperly used to fill the role.
UPI reported on Rogoff’s ruling.
Rogoff’s attorneys said he intended to return to the office and resume his responsibilities.
The U.S. Attorney’s Office for the Western District of Washington handles federal criminal prosecutions, civil litigation involving the United States and legal matters affecting federal agencies across Western Washington.
Trump administration plans appeal
The Justice Department has said it disagrees with the ruling and plans to seek an immediate stay while pursuing an appeal.
The administration’s position is that a judicially appointed U.S. attorney must remain accountable to the executive branch because the office operates within the Department of Justice.
Rogoff’s case is part of a broader legal dispute over how temporary and court-appointed U.S. attorneys can be installed, removed or retained when a presidential nominee has not been confirmed by the Senate.
Similar questions have surfaced in other federal districts, where courts have challenged the administration’s efforts to keep interim prosecutors in office beyond statutory time limits or to replace court-selected prosecutors with preferred candidates.
Senate confirmation remains central
The administration has nominated Simon Peter Serrano to become the permanent U.S. attorney for the Western District of Washington for a four-year term.
The White House sent Serrano’s nomination to the Senate on September 14, 2026.
Until the Senate confirms a successor, Thursday’s ruling keeps Rogoff in the position and prevents the administration from treating the office as though Floyd or another temporary appointee were the formal U.S. attorney.
Washington Senator Patty Murray has said she intends to oppose Serrano’s nomination, making Senate action uncertain.
Her opposition means the confirmation process could become an important part of the continuing dispute over who leads the federal prosecutor’s office in Seattle.
What happens next
The Justice Department is expected to ask an appeals court to pause Bastian’s order.
If that request fails, Rogoff will remain in office while the underlying legal challenge moves forward.
The case could eventually reach the U.S. Supreme Court because it raises questions about the balance between presidential control of the Justice Department, Senate confirmation and the authority granted to federal district judges.
For residents and federal law enforcement agencies in Western Washington, the practical effect is that the region’s U.S. attorney’s office now has a court-recognized leader, although that status may change again if an appeals court stays the ruling or the Senate confirms a replacement.
Frequently Asked Questions
Who is Roger Rogoff?
Roger Rogoff is a former King County Superior Court judge and veteran prosecutor who was appointed U.S. attorney for the Western District of Washington by the district’s federal judges in July 2026.
Why was Roger Rogoff reinstated?
A federal judge ruled that President Donald Trump could not unilaterally remove Rogoff after federal judges appointed him to the vacant U.S. attorney position.
Who had been leading the Seattle U.S. attorney’s office?
Charles Neil Floyd, a former immigration judge, had been leading the office after first serving as an interim U.S. attorney and later being designated first assistant U.S. attorney.
Has Pete Serrano been confirmed as U.S. attorney?
No. Simon Peter Serrano was nominated by the White House and sent to the Senate on September 14, 2026, but he had not been confirmed when Judge Bastian issued the ruling.
What happens next in the case?
The Justice Department plans to appeal and seek a stay of the ruling. The dispute could ultimately reach the U.S. Supreme Court.
Fact-Checked: Key facts were checked against the White House nomination record, the Justice Department’s Western District of Washington information and current reporting on the federal court ruling.
Disclaimer: This article summarizes a developing court dispute, and the ruling or leadership of the U.S. attorney’s office may change as appeals proceed.