Chief Judge Stanley Bastian of the US District Court in Yakima, Washington, issued a preliminary ruling in favor of Roger Rogoff, who sued the administration in July following his removal as US attorney for the Western District of Washington, Reuters reported.
“Congress did not give the power to fill this inferior office to the president alone,” Bastian said at the conclusion of a hearing. He added that the president “cannot unilaterally fire a United States attorney appointed by the district court.”
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The ruling represents a legal victory for a court-appointed US attorney removed by the Trump administration amid a broader dispute between the White House and the federal judiciary.
The administration has also removed court-appointed US attorneys in New York, New Jersey and Virginia who were not its preferred candidates. Rogoff was the first of those prosecutors to challenge his removal in court.
The Justice Department has argued that Trump’s decision to fire Rogoff was within the scope of presidential executive authority.
Rogoff was appointed by judges in the Western District of Washington after the position had remained vacant without a Senate-confirmed nominee. He is an attorney at the law firm Osborn Machler & Neff.
Bastian, who was appointed to the federal bench by former President Barack Obama, said Rogoff “is the United States attorney for the Western District of Washington” and has been the “rightful holder of that office” since taking the oath on July 15, 2026.
Bastian also ordered the Trump administration not to prevent Rogoff from accessing the benefits and resources associated with leading the US attorney’s office.
The White House and Justice Department had not immediately responded to requests for comment.
Trump recently nominated Pete Serrano to lead the office, which has 85 attorneys and 70 support staff.
