Tuesday, October 6, 2026·Focal News

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Appeals court pauses Roger Rogoff’s return as Western Washington U.S. attorney

The 9th Circuit temporarily blocked a judge’s order restoring Roger Rogoff as Western Washington’s top federal prosecutor while it considers the Justice Department’s appeal. Former interim U.S. attorney Charles Neil Floyd will lead the office during the pause.

Appeals court pauses Roger Rogoff’s return as Western Washington U.S. attorney
Roger Rogoff’s brief return as U.S. attorney for Western Washington has been put on hold after the 9th U.S. Circuit Court of Appeals temporarily paused a lower-court order reinstating him. The appeals court issued an administrative stay to preserve the status quo while it considers whether to take up the Justice Department’s request to overturn the injunction. The order does not resolve the underlying dispute over who has authority to appoint the district’s top federal prosecutor. Rogoff was restored to the post Thursday after Chief U.S. District Judge Stanley Bastian ruled that President Donald Trump lacked authority to fire him. Bastian’s preliminary injunction barred Trump and the Justice Department from interfering with Rogoff’s duties. The Justice Department asked the appeals court on Saturday for an emergency stay, calling Bastian’s injunction “unprecedented and indefensible.” Hailyn Chen, the Los Angeles attorney representing Rogoff, said he would not oppose the temporary pause. The appeals court set an expedited schedule, with a hearing expected in October. In a statement Monday, Rogoff said his lawsuit was about ensuring the government follows the law and the Constitution when appointing U.S. attorneys. He said he would focus on defending Bastian’s ruling during the appeal, but warned that the Western Washington U.S. Attorney’s Office would remain under leadership he considers unlawfully appointed, leaving prosecutors’ work open to challenge. Charles Neil Floyd, a former immigration judge, will resume leading the office for now. Trump selected Floyd as interim U.S. attorney in October 2025 but did not submit his nomination to the Senate for confirmation. Federal law allows a district’s judges to appoint a U.S. attorney if an interim appointment has not been sent to the Senate within 120 days, and until a presidential nominee is confirmed. The Justice Department later designated Floyd the office’s “first assistant,” while he continued performing the same duties. The dispute intensified after Trump nominated Spokane attorney Pete Serrano for the Seattle post last month. Sen. Patty Murray, a Washington Democrat, has strongly opposed Serrano’s nomination. The 17 federal judges serving in Western Washington appointed Rogoff to the job in July. Trump fired him less than an hour later. Rogoff is a former state judge and federal prosecutor who began his legal career in the King County prosecutor’s office, handling sexual assault and domestic violence cases. He later worked as an assistant U.S. attorney and served as a King County Superior Court judge. In 2022, Gov. Jay Inslee appointed him to lead Washington’s Office of Independent Investigations, which reviews police deadly-force incidents. The appeals court’s next decision will determine whether Bastian’s order remains paused as the legal fight over the appointment continues.

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