Department of Justice Appealed Attorney Removal Ruling
The government is challenging a court ruling that limited presidential authority to fire certain U.S. attorneys.
Updated on Oct. 10, 2026 in Law
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The Department of Justice filed a 67-page appellate brief with the 9th Circuit regarding presidential removal powers. The appeal follows a ruling by Chief U.S. District Judge Stanley Bastian, who decided the president cannot remove U.S. attorneys he did not personally appoint.
Why it matters
The DOJ argues that the president must possess removal authority over all executive officers to ensure accountability in federal law enforcement. The lower court's decision challenges this by limiting that power to only those U.S. attorneys who underwent the Senate confirmation process.
The government submitted a 67-page appellate brief to the 9th Circuit. This follows a 24-page complaint filed in July 2026 regarding the attempted firing of Roger Rogoff, who was appointed by a panel of district court judges.
The players
Department of Justice
This federal executive department is responsible for enforcing laws and administering justice in the United States.
Stanley Bastian
He serves as the Chief U.S. District Judge and presided over the litigation regarding the removal of the U.S. attorney.
Donald Trump
He is the current President of the United States.
Roger Rogoff
He is the U.S. Attorney for the Western District of Washington who was appointed by a panel of district court judges.
The details
President Donald Trump attempted to fire U.S. Attorney Roger Rogoff by email, prompting the legal challenge. The DOJ maintains the lower court misapplied the governing removal statute and failed to properly address presidential powers granted under Article II of the Constitution.
Timeline
July 2026: Plaintiff attorneys filed a 24-page complaint regarding the firing.
Early October 2026: Judge Stanley Bastian ruled against the president's removal authority.
October 9, 2026: The Department of Justice filed an appellate brief.
Political Context
Opponents of the administration argue that the president's reach should be restricted when he did not personally appoint the official in question. They emphasize that limiting the president's removal power acts as a necessary check on executive overreach within the judiciary.
This case could establish a permanent legal precedent regarding the scope of presidential control over federal prosecutors. It determines whether the executive branch holds blanket authority to remove court-appointed officials or if such power is legally constrained.
The takeaway
The ongoing court case highlights a fundamental tension regarding executive oversight and the independence of court-appointed federal officials. Readers should note that the resolution will likely redefine the legal boundaries of presidential authority in the federal justice system.
Further reading
Explore more developments on the balance of powers in the Law section.
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