Judge Stanley Bastian reinstates Roger Rogoff as Seattle U.S. attorney after Trump firing
U.S. District Judge Stanley Bastian said the president cannot unilaterally dismiss a U.S. attorney appointed by the district court and ordered Roger Rogoff back to his post pending Senate confirmation of a successor.

What the judge ordered
U.S. District Judge Stanley Bastian issued an oral order on Thursday that blocks President Donald Trump’s attempt to remove Roger Rogoff from his role as U.S. attorney for the Western District of Washington. Bastian said Rogoff has been the "rightful holder of that office" since he took the oath on July 15, 2026, after a panel of district judges appointed him under federal law. The president’s order, signed less than an hour after Rogoff’s swearing‑in, was therefore unlawful, the judge concluded.
How Rogoff got the job
When the Senate failed to confirm a presidential nominee for the Seattle post, the 17 active and senior judges in the Western District exercised the statutory authority that allows them to name a U.S. attorney until the vacancy is filled. Rogoff, a former judge and veteran prosecutor, was chosen by that panel and installed by the court on July 15, 2026.
The administration’s response
Trump immediately nominated former deputy U.S. attorney Simon Peter Serrano (also reported as Pete Serrano) to replace Rogoff, but Serrano has not yet been confirmed. The Justice Department issued a written statement saying it disagrees with Bastian’s ruling and will appeal. It also affirmed that Charles Neil Floyd, who had been serving as first assistant U.S. attorney after his interim appointment expired, is not the U.S. attorney for the district.
Why the case matters
Bastian warned that allowing a president to fire a court‑appointed U.S. attorney would “upend the framework created by the Constitution and the statutes,” removing the incentive for the executive and Senate to work together on nominations. The decision reinforces the checks‑and‑balances envisioned by the Founders and could affect other districts where the Trump administration has used similar personnel maneuvers.
Reactions
Senator Patty Murray, Washington’s senior Democratic senator, called the ruling “an important victory for the rule of law and the people of Western Washington.” Rogoff, in a statement to CBS News, said he “appreciates the judicial process and is now focused on assuming the role and getting to work for the people of Western Washington.”
What comes next
The judge’s order stays in effect until the Senate confirms a successor. The Justice Department’s appeal will likely be heard in a higher federal court, and the case could become a precedent for how long‑vacant U.S. attorney positions are filled when the president refuses to submit a confirmed nominee.
Background on similar disputes
Rogoff is the latest in a string of court‑appointed U.S. attorneys removed by the Trump administration. Earlier this year, a New Jersey federal judge ruled that Alina Habba’s appointment there was unlawful; similar decisions have been handed down in Virginia, New York and other districts.
Key numbers
| What | Figure | Source |
|---|---|---|
| Date of ruling | October 1, 2026 | court order |
| Date Rogoff took oath | July 15, 2026 | Judge Stanley Bastian |
| Judge who issued ruling | Stanley Bastian, U.S. District Judge | court documents |
| President’s nominee for Seattle U.S. attorney | Simon Peter Serrano | White House announcement |
| Justice Department’s next step | Appeal the decision | Justice Department statement |
In this story
| Name | Role in the story |
|---|---|
| Western District of Washington | Federal judicial district where the case arose |
| Donald Trump | Former president who ordered the firing |
| U.S. Department of Justice | Agency that will appeal the ruling |
| Roger Rogoff | Court‑appointed U.S. attorney for the Western District of Washington |
| Stanley Bastian | U.S. District Judge who ruled the firing unlawful |



