Trump Nemesis Judge Sabotages Him Again

A federal judge on Thursday rejected the Trump administration’s request that he step aside from a lawsuit challenging the firing of former federal prosecutor Roger Rogoff, ruling that there was no legal basis requiring his recusal.

The dispute stems from Rogoff’s brief appointment as U.S. attorney for the Western District of Washington. Federal judges unanimously selected him on July 15 to fill the vacancy after the previous interim appointment expired. Less than an hour later, however, President Trump removed Rogoff from the position.

Rogoff filed a lawsuit days later, reviving a legal dispute over whether a president has the authority to dismiss a U.S. attorney appointed directly by federal judges rather than by the executive branch.

The case was initially assigned to another judge before being transferred to U.S. District Judge Stanley Bastian, an Obama appointee. The Trump administration sought to have Bastian removed from the case, arguing the reassignment process was improper and pointing to comments the judge made before the 2020 election criticizing Trump’s handling of the U.S. Postal Service.

In a three-page order, Bastian denied the request, concluding that the Justice Department failed to identify any binding legal authority requiring either the reassignment of the case or his recusal. He wrote that while the administration objected to how the case was transferred after the original judge stepped aside, it cited no rule or precedent showing the process violated court procedures.

Bastian also found that the government failed to present any binding legal authority demonstrating he was required to remove himself from the case.

The lawsuit centers on the unusual circumstances surrounding Rogoff’s appointment. After former interim U.S. attorney Charles Neil Floyd’s temporary term expired, the Justice Department named him first assistant U.S. attorney, allowing him to continue leading the office. Federal judges later appointed Rogoff to fill the vacancy, but Trump dismissed him just 54 minutes after the appointment, setting up a legal fight over the limits of presidential authority to remove court-appointed federal prosecutors.