On October 1 U.S. District Judge Stanley Bastian ruled that the President had unlawfully fired Roger Rogoff, a former judge and veteran prosecutor whom the 17 active and senior judges of the Western District of Washington unanimously named U.S. attorney in July after the post went unfilled by a Senate-confirmed nominee, and reinstated him. Rogoff was fired less than an hour after his appointment and is believed to be the first court-appointed U.S. attorney to sue over his removal. Bastian noted that federal law lets a district’s judges appoint a U.S. attorney “until the vacancy is filled,” adding, “It does not say ‘until the president fires the person selected.’” The administration has also fired court-appointed U.S. attorneys in Virginia and northern New York. The Justice Department said it disagreed with the decision and would appeal.

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