Tacoma's top federal prosecutor was fired by Trump. He asks a court to step in

Shea Johnson, The News Tribune (Tacoma, Wash.) on Jul 23, 2026

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The former top federal prosecutor in Tacoma, who was fired by President Donald Trump within only an hour of assuming the vacant job, is alleging his removal is unconstitutional and suing the Trump administration, court records show.

Roger Rogoff, a former King County Superior Court judge and prosecutor, filed the federal lawsuit in the Western District of Washington, which encompasses Seattle, Tacoma and other areas. Rogoff had been appointed to serve as the district’s U.S. attorney on July 15 before he was told less than an hour after being sworn in — 54 minutes to be exact — that Trump had fired him, according to the lawsuit and news reports.

“Defendants’ actions have caused and continue to cause irreparable harm to Mr. Rogoff and to the administration of justice in this district,” the lawsuit says, naming Trump, acting Attorney General Todd Blanche and the U.S. Department of Justice as defendants.

According to the lawsuit, filed on Tuesday, the Trump administration allegedly defied the legal process for filling the office’s vacancy.

Tacoma immigration judge Charles Neil Floyd was sworn in as interim U.S. attorney in October after then-Attorney General Pam Bondi appointed him. By law, such an appointment may last 120 days, according to the suit. The district court is then empowered to appoint a new interim officeholder, as it did with Rogoff, until the role is filled by a Senate-confirmed nominee, the complaint said.

No one has been confirmed by Congress or even nominated by Trump to fill the office’s vacancy, the lawsuit noted. Trump’s firing of Rogoff, who recently served as director of the Washington State Office of Independent Investigations, violates the plain text of federal law and the Constitution, according to the suit.

In a post on X last week, Blanche acknowledged Trump fired Rogoff and suggested that judges in the Western District of Washington should have consulted with the Trump administration prior to appointing him.

“District court judges can appoint a temporary U.S. Attorney, and POTUS can fire them,” Blanche wrote. “WDWA judges abandoned the time-honored process of consultation with the administration so that the selected U.S. Attorney is qualified to serve in the administration.”

In a statement Thursday responding to the lawsuit, the Justice Department echoed Blanche’s comments.

“The district court did not coordinate with DOJ on this selection,” the Justice Department said. “Consistent with other firings of this type, this is wholly within the President’s authority.”

Rogoff’s lawsuit accuses Trump and his administration of overstepping authority.

“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 says. “The President cannot grant himself the authority to make those interim appointments instead, nor can he rewrite (federal law) to require presidential approval of the district court’s choice.”

Rogoff is not the first U.S. attorney fired by Trump, although he is the first to sue the Trump administration, which has sought to staff the role indefinitely in other districts with unconfirmed federal prosecutors, NBC News reported.

Meanwhile, Floyd has been the de facto leader in the Western District of Washington and has served under the title of “First Assistant U.S. Attorney” since the 120th day of his U.S. attorney appointment, according to the lawsuit.

Washington Attorney General Nick Brown was the district’s last Senate-confirmed U.S. attorney. His resignation from the post in June 2023 left the vacancy that no one has since been nominated to fill, the suit said.

Rogoff’s complaint seeks a judicial declaration that his firing was unlawful and that he be allowed to remain U.S. attorney until the office is filled by a Senate-confirmed nominee. The lawsuit also asks for an injunction blocking the Trump administration from obstructing Rogoff from carrying out the duties of the job.

“The people of the Western District of Washington have no validly appointed U.S. Attorney to prosecute federal crimes, investigate violations of federal law, and ensure lawful order,” the complaint said. “Absent a validly appointed U.S. Attorney, the ability of the U.S. Attorney’s Office to seek indictments and prosecute cases is open to question.”