西华盛顿地区美国检察官罗杰·罗戈夫在宣誓就职不足一小时后遭到特朗普政府解职,随即对解职决定提起诉讼 [1]。这是首例由法官任命的联邦检察官因被解职而提起的诉讼案件 [1]。
罗戈夫由西雅图地区联邦法官一致任命 [1],上周三宣誓就职后不久即收到司法部的解职电子邮件 [1]。其诉讼主张该解雇违宪,要求法院宣布解雇无效,并请求法院至少暂时保留其联邦检察官职位 [1]。
此案涉及总统权力与司法部人事管理的法律界限。根据现行法律,当空缺出现时,检察长可任命临时检察官,任期120天;期限届满后,司法区法官可任命检察官,直到参议院确认的任命人选到位 [1]。西雅图地区自2023年以来未有参议院确认的美国检察官 [1]。
代理司法部长托德·布兰奇在罗戈夫被任命前就曾在社交媒体X上表态,称法官选中的候选人没有总统支持,"我预计他们将遭遇与其他人相同的命运" [1]。
司法部随后发表声明称"总统有权解除由地区法院任命的检察官" [1],双方对该权力的合法性基础存在根本分歧。
Roger Rogoff, the U.S. Attorney for the Western District of Washington, filed suit on Tuesday challenging his dismissal by the Trump administration, marking the first legal challenge of its kind brought by a judge-appointed federal prosecutor. [1]
Rogoff was removed from his position less than an hour after being sworn in last Wednesday, when he received a termination email from the Trump administration. [1] He had been unanimously selected for the role by federal judges in the Seattle area. [1]
The lawsuit contests the constitutionality of Rogoff's removal and seeks a court declaration invalidating the dismissal, with Rogoff requesting that he be restored to his position, at least temporarily. [1]
The Trump administration has asserted that the President possesses the authority to remove prosecutors appointed by district courts. [1] Acting Attorney General Todd Blanche had signaled this stance before Rogoff's appointment, stating on X that judge-selected candidates lack presidential support and predicting they would "meet the same fate as the others." [1]
Under federal law, when a U.S. Attorney position becomes vacant, the Attorney General may appoint an interim prosecutor for up to 120 days. [1] Once that period expires, district court judges in that jurisdiction may appoint a prosecutor to serve until the Senate confirms a presidential nominee. [1] The Western District of Washington has had no Senate-confirmed U.S. Attorney since 2023. [1]