Fired U.S. Attorney Sues to Overturn Morrison v. Olson Protections
Roger Rogoff sued to overrule constitutional protections from Morrison v. Olson.
Why it matters: This case could redefine federal prosecutors' appointment and removal powers, affecting legal governance and the balance of executive-judicial authority in prosecutions.
- Roger Rogoff was sworn in as U.S. Attorney for Western Washington on July 15, 2026, at 7:40 a.m.
- Less than an hour later, Trump fired Rogoff, ending his tenure after just 54 minutes.
- Rogoff's appointment followed the expiration of interim U.S. Attorney Charles Neil Floyd's term.
- On July 21, 2026, Rogoff filed suit challenging his dismissal and aspects of the 1988 Morrison v. Olson Supreme Court ruling.
Roger Rogoff, a seasoned prosecutor and former judge, was appointed U.S. Attorney for the Western District of Washington on July 15, 2026, at 7:40 a.m. His appointment came unanimously from federal judges following the expiration of the previous interim appointee Charles Neil Floyd's 120-day term.
However, within an hour of taking office, Rogoff was informed via email of his termination ordered by President Donald Trump. This rapid firing ended Rogoff's service as U.S. Attorney at approximately 54 minutes according to reports. Acting Attorney General Todd Blanche noted the Western District judges bypassed traditional consultation with the administration, which contributed to the swift dismissal.
In response, on July 21, 2026, Rogoff filed a lawsuit contesting the legality of his removal and seeking to challenge parts of the Morrison v. Olson decision. That 1988 Supreme Court ruling affirmed the constitutionality of the Independent Counsel Act, which allowed judicial appointment of independent counsels with limited executive control.
If successful, Rogoff's lawsuit could alter the balance of power between the judiciary and executive branch regarding federal prosecutor appointments and removals—core issues in constitutional governance and the independence of federal law enforcement.
By the numbers:
- 54 minutes — duration of Roger Rogoff's tenure as U.S. Attorney
- July 15, 2026 — date Rogoff was sworn in and fired
- June 29, 1988 — date Morrison v. Olson was decided by the Supreme Court
Yes, but: The lawsuit's specific legal arguments against Morrison v. Olson's constitutional basis remain undisclosed.
What's next: The outcome of Rogoff's lawsuit could prompt judicial review on federal prosecutors' appointment and firing processes.