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Posted on 10/05/2026 5:54:42 AM PDT by Red Badger
In a big — though temporary — win for President Trump, a federal appeals court has blocked the reinstatement of a fired Democrat U.S. Attorney.
Over the summer, President Trump fired U.S. Attorney for the Western District of Washington Roger Rogoff.
However, an Obama-appointed federal judge ordered Rogoff to be reinstated, ruling that President Trump does not have the authority to fire U.S. attorneys.
On Sunday, the Ninth Circuit Court of Appeals granted a temporary stay of the lower court order, meaning that Rogoff remains out of a job for the time being.
Take a look at the ruling here:
PDF AT LINK......................
Originally, Rogoff was appointed by a panel of district court judges in Washington, D.C. after they rejected President Trump’s choice, Neil Floyd.
In response, President Trump fired Rogoff less than an hour after the panel unanimously voted to appoint him to the role.
Rogoff sued, and his appointment has been in limbo ever since as legal challenges play out.
NBC News has more background:
The 17 active and senior judges in the Western District of Washington unanimously named Roger Rogoff, a former judge and veteran prosecutor, U.S. attorney in July, after Trump failed to fill the post with a nominee confirmed by the U.S. Senate.
The president fired Rogoff less than an hour later. Rogoff sued, and in a ruling Thursday, U.S. District Judge Stanley Bastian found the termination unlawful and reinstated him.
Bastian noted that when presidents fail to fill a U.S. attorney post with a nominee confirmed by the Senate, federal law authorizes the judges of that district to appoint someone “until the vacancy is filled.”
“It does not say ‘until the president fires the person selected,’” Bastian said.
He concluded: “Mr. Roger Rogoff is the United States attorney for the Western District of Washington and has been the rightful holder of that office since July 15, 2026, when he took the oath of office.”
The Ninth Circuit’s emergency ruling prevents Roger Rogoff from resuming his role as U.S. Attorney until a final decision is made.
Reuters reported further:
The order, which was not signed by any judges on the court, notes that it is only intended to preserve the status quo while the Justice Department’s appeal proceeds.
Trump fired Rogoff in July, less than an hour after federal judges in the district named him US attorney. Rogoff sued over his ouster, becoming the first court-appointed US attorney to challenge his firing by the Trump administration.
Chief Judge Stanley Bastian of the federal court in Yakima, Washington, sided with Rogoff on Thursday, ordering him reinstated to the post.
Trump has fired several court-appointed federal prosecutors during his second term as part of a larger power struggle between the federal judiciary and his administration. A federal appointments law allows federal district courts to name a US attorney to fill a vacancy, but the Trump administration has claimed authority to fire court-appointed prosecutors.
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Didn’t Clinton fire about 120 US Attorneys as soon as he assumed office? No one questioned his actions ...
I guess server at the pleasure of the president doesn’t mean anything. He can fire anybody he wants in the executive branch.
Ted Cruz wants to eliminate the IRS. Doesn’t mean he should be POTUS but at least he’s out there.
(D) fires (R), okay!
(R) fires (D), NOT OKAY!..................
Point the finger at John Thune.
Inept, incompetent or just plain corrupt, his failures to build coalitions to pass legislation or confirm appointments is a major reason the Republicans looking at a possible serious ass whooping’ in one month.
DJT has had to rely on executive orders to get anything done, then had to fight for the EOs in court for repetitive legal challenges. And because Thune didn’t codify them by passing legislation, you can bet your fine rear end, as soon as the Democrat take control, they’ll pass legislation to reverse the EOs. Of course DJT will veto them, but don’t be surprised if the Democrats get enough Republicans to override any vetoes.
Yeah, I think we can say the Democrats have easily won the propaganda war and have, once again, set the agenda for another election . . .
Trump is apparently not allowed to do ANYTHING.
Have we ever seen this usurpation of presidential power anywhere, at any time?
I remember the same. In fact, as I recall, it is almost customary to fire them all. But I’ll do a bit of googling to back it up.
In the aftermath of Watergate, the Dems stripped the office of POTUS of all real political power for themselves.............
Same as obammy.
How is this federal law constitutional? What the heck is the Judicial branch doing appointing an employee of the Executive branch?
“How is this federal law constitutional?”
It isn’t, but until the SCOTUS reviews it, it’s the law.........
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