SEATTLE, Washington — Attorneys clashed on Friday, October 23, before the U.S. Court of Appeals for the 9th Circuit over whether President Donald Trump can fire Roger Rogoff, the longtime Seattle prosecutor whom federal judges appointed as U.S. attorney for the Western District of Washington, Law360 reported.

Source: Law360 via InterNewsCast, Oct. 24, 2026

The judges of the Western District selected Rogoff to fill a vacancy the administration had left open. He was sworn in on July 15 and was dismissed in an email from the White House less than an hour later, according to reporting on the case. Chief Judge Stanley Bastian ruled on October 1 that the president could not unilaterally remove a court-appointed U.S. attorney and restored Rogoff to the post.

The 9th Circuit then granted an administrative stay on October 4, pausing Rogoff's return while it considers the government's appeal, Bloomberg Law reported. The trial court had found the termination violated the Constitution and federal statutes.

Source: Bloomberg Law, Oct. 4, 2026

At Friday's hearing the panel focused heavily on the constitutional questions. Justice Department attorney Mark Freeman argued that the removal power is a default rule that can be displaced when Congress sets a different arrangement by statute or when linking removal to appointment would itself violate the Constitution, and he said both exceptions applied here. Rogoff's side argues the president cannot remove the judges' appointee unless a nominee is first nominated and confirmed by the U.S. Senate.

Neither side disputes that the case would become moot if the Senate confirmed a nominee to a four-year term, but that process does not appear imminent. No ruling was issued at the hearing, and Rogoff remains sidelined under the stay while the appeal is decided.