A federal prosecutor in Washington state who was appointed to serve as U.S. attorney and then summarily fired by President Donald Trump several minutes later has filed a lawsuit challenging his removal.
Last week, a panel of district court judges unanimously appointed Roger Rogoff to lead the Western District of Washington. The jurists chose the longtime Seattle prosecutor to fill a vacancy that the 45th and 47th president had never addressed. In less than an hour, however, Trump sent an email and axed the judges' choice.
Now, in a 24-page complaint, attorneys for the plaintiff say the president's "purported firing" of their client "was unlawful."
The lawsuit alleges violations of federal law and the U.S. Constitution.
"The United States District Court for the Western District of Washington validly appointed Plaintiff Roger Rogoff as U.S. Attorney for this district pursuant to express statutory authority that Congress provided for filling vacancies," the lawsuit reads. "That statute is firmly rooted in, and designed to protect, Congress's Appointments Clause power to prescribe the method for filling inferior officer vacancies."
To hear Rogoff tell it, the statute allowing judges to fill vacancies is not a law the president can simply override — at least not by firing.
"Defendants' attempt to fire him cannot stand," the lawsuit reads.
Instead, the plaintiff says, the president's only recourse — once the judges ....
CONTINUED