Ninth Circuit Temporarily Blocks Rogoff’s Reinstatement

The Ninth Circuit Court of Appeals has temporarily blocked Roger Rogoff from returning as U.S. attorney for the Western District of Washington while the Trump administration appeals a lower-court order that reinstated him. The unsigned administrative stay is intended to preserve the status quo as the court considers the dispute. The order, issued Sunday, does not resolve whether the administration could lawfully remove Rogoff or whether he may ultimately resume the position. The Ninth Circuit has yet to decide the administration’s request for a longer stay or the merits of its appeal. U.S. District Judge Stanley Bastian had ordered Rogoff reinstated after finding that his firing was unlawful. Bastian relied on federal law that permits district judges to appoint a U.S. attorney when no Senate-confirmed appointee has filled the vacancy. The ruling said the judges’ appointment authority was not ended simply because the president sought to remove the person they selected. The dispute stems from events on July 15. The Western District of Washington’s judges appointed Rogoff and swore him in that day.