Judge Blocks Trump's Attempt to Fire U.S. Attorney, Legal Authority Under Review

<p>Judge Stanley Bastian, appointed by former President Barack Obama, issued a ruling preventing President Donald Trump from firing Roger Rogoff, the court-appointed U.S. Attorney for the Western District of Washington. The judge ordered the Justice Department to recognize Rogoff as the rightful officeholder and restore his ability to serve.</p><p>White House spokesperson Lauren Bis stated, "U.S. attorneys serve at the pleasure of the President," criticizing the ruling as an attempt to undermine Trump's constitutional authority.</p><p>Bastian's preliminary injunction reinstates Rogoff and prohibits the administration from treating his removal as lawful. This ruling raises questions about the president's authority to dismiss a U.S. attorney appointed by federal judges. Previous opinions from the Justice Department in 1979 and a 2000 federal appeals court ruling affirmed that the president has such authority.</p><p>The DOJ indicated their disagreement with the decision and plans to seek an immediate stay and appeal.</p><p>Legal experts and conservative attorneys expressed criticism on social media, arguing that the ruling infringes on the president's constitutional powers. Mike Davis, founder and president of Article III, described the ruling as "lawless and dangerous," asserting that it violates the separation of powers.</p><p>Davis noted a misspelling of Bastian's first name in the order, highlighting concerns about the ruling's quality. He further claimed that the ruling creates an unnecessary constitutional crisis by undermining the president's authority.</p><p>Jeff Clark, vice president of litigation at the Oversight Project, predicted that Bastian's ruling would eventually be reversed, either by the Ninth Circuit or the Supreme Court. He emphasized that the president's power to remove U.S. attorneys must be consistent with Article II of the Constitution.</p><p>The Supreme Court's decision in Myers v. United States (1926) affirmed the president's constitutional authority to remove executive branch officers. Additionally, the Justice Department's Office of Legal Counsel concluded in a 1979 opinion that the president's authority extends to U.S. attorneys appointed by federal judges.</p><p>This case adds to a series of legal disputes regarding Trump's U.S. attorney appointments, following similar conflicts in New Jersey, Virginia, and New York. A related dispute in New Jersey involved the administration's attempt to retain Alina Habba as U.S. attorney after her interim term, which was ultimately rejected by federal courts.</p><p>Rogoff's situation further tests the limits of presidential authority to remove a U.S. attorney appointed through the statutory vacancy-filling process.</p>