Ninth Circuit stay clears Trump to remove court-appointed U.S. Attorney Rogoff during appeal

By 
, October 6, 2026

The Ninth Circuit granted an emergency stay letting President Trump remove court-appointed U.S. Attorney Roger Rogoff, pausing a district order that had blocked the firing and restored him.

The Justice Department secured that weekend relief from the Ninth Circuit Court of Appeals, and the ruling was filed Sunday. Just the News reported the stay allows the president to remove Rogoff as U.S. attorney for the Western District of Washington while the dispute moves through the appeals courts.

It freezes a recent district court order that had stopped Trump from firing Rogoff and put him back in the Seattle post. The appeals panel made clear the move is temporary.

In the ruling filed Sunday, the Ninth Circuit said the stay is "only intended to preserve the status quo until the substantive motion for a pending appeal can be considered on the merits and does not consider in any way a decision as to the merits of the appeal."

"only intended to preserve the status quo until the substantive motion for a pending appeal can be considered on the merits and does not consider in any way a decision as to the merits of the appeal."

The fight tests how far a president’s constitutional removal power reaches when a federal court first installs a U.S. attorney. Rogoff had been appointed by a federal court in July to serve as Seattle’s top federal prosecutor, then was fired minutes later, CNN reported in the Just the News account.

Obama judge first ordered Rogoff reinstated

Before the stay, Obama-appointed Judge Stanley Bastian issued a preliminary injunction that blocked Trump from firing Rogoff and directed the Justice Department to treat him as the rightful officeholder. Fox News detailed that lower-court order and the backlash it drew.

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White House spokesperson Lauren Bis rejected the injunction in plain terms.

"This is yet another ruling from an activist judge trying to thwart President Trump’s agenda and undermine his constitutional authority. U.S. attorneys serve at the pleasure of the President."

Legal commentator Mike Davis called the district decision out of bounds.

"Another lawless and dangerous ruling. Violating the separation of powers. By another Democrat activist judge."

Those reactions fit a broader pattern of pushback when Trump exercises core executive tools, much as critics have done in other fights over White House authority.

Long-standing guidance cuts the other way. A 1979 Justice Department opinion and a 2000 federal appeals court ruling both concluded the president holds authority to fire U.S. attorneys even when federal judges first appoint them. The Supreme Court’s 1926 decision in Myers v. United States likewise affirmed the president’s general constitutional power to remove executive-branch officers.

That body of precedent leaves little room for a single district judge to revise who runs a U.S. attorney’s office. The same appointment-and-removal questions surface whenever the Senate moves on Trump’s nominees, including the recent advance of his surgeon general pick after pointed hearings.

Readers tracking executive personnel fights can see the same tension in coverage of how Senate panel advances Trump’s health nominees draw partisan heat.

Stay restores the status quo Trump sought

With the emergency stay in place, the district injunction no longer keeps Rogoff in office. Trump can remove him while the full appeal proceeds. The Ninth Circuit did not bless or reject either side’s core legal theory; it simply locked in the pre-injunction lineup so the merits panel can decide later.

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U.S. attorneys sit inside the executive branch. They prosecute federal crimes, set charging priorities, and answer to the attorney general and the president. When a court-appointed prosecutor is installed and then immediately protected by another judge, the chain of command fractures.

The Western District of Washington covers a large swath of the Pacific Northwest. Control of that office is not a technicality. It decides which cases move, which investigations expand, and whether local federal law enforcement follows the elected administration’s direction.

Trump’s team has treated the removal as a straightforward exercise of Article II power. Lower-court resistance invited the emergency appeal that succeeded over the weekend. Parallel disputes over who the president may direct or dismiss keep appearing, including public claims about possible prosecutions of former officials.

That same theme of presidential reach over executive personnel appears when Trump denies discussing Fauci-related prosecutions with top Justice Department figures.

Constitutional stakes travel beyond one district

Every president has removed U.S. attorneys at the start of a term or when priorities shift. The difference here is the court-appointment route and the district judge’s attempt to freeze the president out. If that model stands, future presidents of either party could face similar locks on key prosecutors.

Conservatives watching the case see a familiar sequence: an Obama-nominated judge issues a sweeping block, the White House calls it overreach, and a higher court steps in to preserve the executive’s baseline authority pending full review. The stay does not end the lawsuit Rogoff filed. It simply keeps the president’s removal power intact while judges above Bastian examine the constitutional claims.

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Media voices often frame any Trump personnel move as a break from norms. The same chorus has labeled White House press rules un-American, yet the underlying question remains who controls the executive branch.

That media posture echoes earlier blasts such as when Jim Acosta brands Trump’s press limits outside the American tradition.

Democrats, for their part, have already signaled aggressive oversight if they regain Congress, including plans aimed at Trump family business dealings. The Rogoff clash sits inside that larger contest over how much latitude an elected president actually holds once in office.

Partisan appetite for investigations surfaces again in reporting on how Democrats plot Kushner and Trump-linked crypto probes should they take the House or Senate.

None of those political threads change the narrow holding from the Ninth Circuit. The stay is temporary. The merits remain open. What the panel did was refuse to let a single district injunction dictate the lineup of a presidentially accountable U.S. attorney’s office while the appeal runs.

For taxpayers and lawful residents in western Washington, the practical result is simple: the Justice Department under Trump can once again choose who leads federal prosecutions there. Court-created prosecutors who survive only by judicial decree sit uneasily with the Constitution’s design.

Presidential control over executive officers is not a novelty. It is the default. When lower courts invent fresh barriers, higher courts should, and here did, restore the ordinary chain of command until the full legal argument is heard.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson