Bastian decided that Roger Rogoff remains the federal prosecutor for the Western District of Washington State from the moment he was sworn in on July 15. In the judge’s view, Charles Neil Floyd, appointed by the president’s administration, does not have the appropriate authority.
The judge pointed out that “the president cannot unilaterally dismiss a US attorney appointed by a district court”. He called such actions a violation of a system that, in his words, ensures a balance between the president’s right to appoint officials and the Senate’s right to confirm their nominations.
Bastian also ruled that the US administration, Attorney General Todd Blanche, and the Department of Justice are not entitled to take any actions to dismiss Rogoff or to consider anyone other than him as the federal prosecutor for the Western District of Washington State. The decision was issued in Rogoff’s lawsuit, after Trump fired him immediately after the district court appointed him to the post in July.
The US Department of Justice said it will ask the appeals court to suspend Bastian’s ruling while the appeal is being considered. According to Politico, the Trump administration has repeatedly tried to bypass the Senate confirmation process in order to appoint people loyal to the president to key positions.
In cases where district judges used their authority and chose another person for the position of US federal prosecutor, Trump fired that appointee. The procedure works like this: the US president nominates a candidate, then the Senate must confirm them, and if that does not happen, the US attorney general may appoint an interim prosecutor for 120 days.
After that period expires, if a permanent prosecutor still has not been confirmed by the Senate, the district federal court may choose and appoint someone to the post.
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