Firing of top prosecutor in Seattle tests limits of Trump’s power

The Trump administration’s latest firing of a U.S. attorney is intensifying the Justice Department’s assertion of presidential control over prosecutorial picks.

Roger Rogoff was sacked Wednesday as the top federal prosecutor in Seattle after a panel of 17 judges appointed him. The firing made good on the warning from acting Attorney General Todd Blanche that the president retains firing power for U.S. attorneys, even those appointed by the court.

Rogoff has reportedly retained legal counsel that specializes in employment law, setting up the possibility of a formal legal challenge that could set the stage for the courts to settle the bounds of presidential power over U.S. attorneys.

Rogoff was reportedly fired less than an hour after his appointment on Wednesday.

Blanche wrote on social media that the judges in Seattle had “abandoned the time-honored process of consultation with the administration.”

“District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them,” Blanche wrote.

When a vacancy arises for a U.S. attorney, the head of the Justice Department may appoint an interim replacement for up to 120 days.

Neil Floyd, a former immigration judge, was sworn in as interim lead of the district in October. But because Trump never formally nominated him, he was not confirmed by the Senate.

When his 120 days were up in February, the administration shifted Floyd’s title to first assistant U.S. attorney, a maneuver that allowed him to remain as acting head while the top role was empty.

But once the clock runs out, federal law says the district court judges may appoint someone “to serve until the vacancy is filled.” That is what happened in Rogoff’s case.

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