9th Circuit Court Halts Reinstatement of Seattle U.S. Attorney Roger Rogoff
On Oct. 4, 2026, the 9th U.S. Circuit Court of Appeals issued an administrative stay that temporarily blocks the reinstatement of Roger Rogoff as United States Attorney for the Western District of Washington.
The stay preserves the status quo while the Justice Department’s request for a stay pending appeal is considered, meaning Rogoff remains barred from re‑entering his Seattle office despite a lower‑court order that had ordered his return.
U.S. District Judge Stanley Bastian had granted Rogoff a preliminary injunction on Oct. 1, saying the former federal prosecutor and King County Superior Court judge was the “rightful holder of that office since July 15, 2026,” the day he was sworn in. Bastian’s order barred the administration from treating Rogoff as removed and from restricting his access to staff, office space, and pay.
Rogoff’s appointment in July followed a unanimous decision by judges in the Western District to fill a vacancy after President Donald Trump dismissed the previous nominee. Trump fired Rogoff by email less than an hour after he took the oath, invoking the president’s authority under federal law that allows the attorney general to appoint an interim U.S. attorney for 120 days.
The Justice Department argued that the appellate stay was necessary while it seeks a stay pending appeal of Bastian’s injunction. Assistant Attorney General for the Civil Rights Division Harmeet Dhillon posted “obviously” on X after learning the lower‑court ruling had been reversed.
Washington State Republican Party Chairman Jim Walsh praised the appellate stay, calling Bastian’s order “patently illegal” and suggesting it supported the president’s removal authority, though the appellate order did not resolve that underlying question.
President Trump has nominated former Pasco mayor and first‑assistant U.S. attorney Pete Serrano to fill the Western District position, but his Senate confirmation remains pending.
The 9th Circuit will next consider the Justice Department’s request for a stay pending appeal, leaving Rogoff out of office for the time being.
