Trump Fires Court-Appointed US Attorney One Hour After Appointment, Immediately Gets Sued

from the party-of-law-and-order dept

Stop me if you’ve heard this one:

Federal judges in the Western District of Washington had unanimously appointed Roger Rogoff to be the Justice Department’s top official there, filling a vacancy that the president has never addressed. But the Trump administration has largely defied attempts by federal judges to fill vacancies, leading to Mr. Rogoff’s swift dismissal, via email, after 54 minutes.

If this sounds familiar (and it should), it’s because Trump loves promoting people to US Attorney positions, but absolutely refuses to engage with the nomination process that’s required by law.

This has happened more than once, as the New York Times article notes. The last time we covered it here at Techdirt, it took nearly five hours for Trump to fire a US attorney appointed by the courts.

The firing of court-appointed US attorneys is going to be a thing going forward. The legally approved process for appointment of US attorneys is pretty simple and every president before Trump has somehow managed to respect it. If an administration wants to appoint a US attorney, it needs to run this pick past the Senate for a thumbs up/down. If it doesn’t, the person can only hold that office for 120 days. If that doesn’t happen, the courts get to put someone in that position.

Trump has blown off the confirmation process multiple times and courts have responded by engaging with their legal duty to elevate someone to that position. When that happens, the Trump administration lurches into semi-consciousness and “fires” the actually legally appointed US attorney.

The thing is that it doesn’t matter how fast the administration fires prosecutors appointed by federal judges. Until Trump actually shepherds some prosecutor picks through the confirmation process, this is just going to keep happening every four months or so.

The US attorney dumped by Trump in less than an hour is utilizing the court system the administration chooses to ignore 90% of the time. If Trump wants to ignore the legal process for prosecutor appointments, the administration should be on the hook for wrongful termination.

In his lawsuit filed Tuesday, Rogoff argued that his termination was unlawful because the president lacks the authority to remove judicially appointed judges. 

“By purporting to fire Mr. Rogoff — and apparently committing to firing anyone else a district court appoints without ‘the support of POTUS’ — the President has attempted to negate Congress’s exercise of its constitutionally enumerated power,” the suit alleges. 

Rogoff argued his firing was an unconstitutional separation of powers, noting Congress set up a mechanism to appoint U.S. attorneys until the president nominates — and the Senate confirms — a U.S. attorney. He also alleged that he was denied due process. 

While it’s impossible to tell how this will all play out — especially when our Supreme Court is at least 50% MAGA-cooked — it seems like everything involved here has been established for years and never ignored so completely as it has been since Trump began his second term.

While the administration appears to believe that every firing resets the clock, I don’t think courts should feel obligated to humor this pretense. Instead, courts should simply reinstate their picks if the administration doesn’t have anyone lined up for confirmation. Instead of allowing Trump to pick whoever he wants and fire whoever he doesn’t the moment a court appoints them, courts dealing with this bullshit should appoint the same person over and over again or, at the very least, refuse to recognize the position of US Attorney until one has been properly and legally confirmed.

We’ll see where this lawsuit goes. But even if it ends up the victim of executive privilege, courts still retain the power to enforce the laws this administration willfully ignored.

Filed Under: doj, roger rogoff, trump administration, washington