An Obama-appointed judge blocked President Donald Trump from firing court-appointed U.S. Attorney for the Western District of Washington Roger Rogoff, ordering the Justice Department to recognize Rogoff as the rightful officeholder and restore his ability to serve.
asserted
judge → appoint → ability
"This is yet another ruling from an activist judge trying to thwart President Trump’s agenda and undermine his constitutional authority.
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This → try → authority
U.S. attorneys serve at the pleasure of the President," White House spokesperson Lauren Bis told Fox News Digital.
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Bis → serve → Digital
Judge Stanley Bastian, who was first nominated by Obama in 2013, issued a preliminary injunction reinstating Rogoff and barring the administration from treating him as having been lawfully removed.
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who → nominate → him
The ruling sets up a legal fight over whether a president can fire a U.S. attorney appointed by federal judges.
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president → set → judges
A 1979 Justice Department opinion and a 2000 federal appeals court ruling both concluded that the president has that authority.
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president → conclude → authority
"We disagree with the decision and intend to seek an immediate stay and will appeal," the DOJ Rapid Response account wrote.
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account → disagree → stay
Some legal experts and conservative attorneys took to social media to sharply criticize the ruling, arguing it infringes on the president's constitutional authority over the executive branch.
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it → take → branch
Seattle Obama Judge Stanley Bastian," wrote Article III founder and president Mike Davis.
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Davis → write → ?
"Democrat judges handpicked their own U.S. attorney.
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judges → handpicke → attorney
The President, through his attorney general, fired him.
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President → fire → him
Under Article II of the Constitution, the President clearly has the executive power to fire Justice Department officials," Davis added.
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Davis → have → officials
Davis also noted Bastian’s first name was misspelled in the order, missing the "e" in Stanley.
"The Federal Judge misspelled his own name in his order.
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Judge → note → order
That's how you know it's quality legal work," wrote one user.
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user → know → ?
"Now Judge Bastian created an unnecessary constitutional crisis by essentially ordering a coup at the Justice Department, by ordering the removal of the President’s pick and putting in Bastian’s judicial puppet.
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Bastian → create → puppet
The Ninth Circuit must fix this.
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Circuit → fix → this
Or the Supreme Court will have to step in.
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Court → have → ?
Again," Davis concluded.
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Davis → conclude → ?
"The President's power to remove U.S. Attorneys must be unfettered consistent with Article II of the Constitution.
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power → remove → Constitution
Judge Stanley Bastian is wrong here to order Rogoff reinstated.
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Rogoff → order → ?
I predict Judge Bastian will eventually be reversed, whether at the Ninth Circuit or by the Supreme Court," said Oversight Project litigation vice president Jeff Clark.
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Clark → predict → Court
The judiciary does not get to run the Executive Branch.
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judiciary → get → Branch
Period," said Holtzman Vogel partner Brian Nieves.
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Nieves → say → ?
In Myers v. United States (1926), which centered on President Woodrow Wilson's firing of a postmaster without Senate consent, the Supreme Court ruled that the president generally has constitutional authority to remove executive branch officers.
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president → center → officers
More recently, the Justice Department’s Office of Legal Counsel concluded in a 1979 opinion that the president’s statutory authority to remove "each United States attorney" also extends to prosecutors appointed by federal judges.
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authority → conclude → judges
The case is the latest in a string of legal fights over President Trump's U.S. attorney appointments, following similar disputes in New Jersey, Virginia and New York.
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case → follow → Jersey
A similar dispute unfolded in New Jersey after the administration sought to keep Alina Habba leading the U.S. attorney’s office after her interim term ended.
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term → unfold → office
Federal courts ultimately rejected the administration’s effort to maintain her authority, although the judges’ original appointee, Desiree Grace, did not simply take over the office.
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appointee → reject → office
Rogoff’s case goes a step further, directly testing whether a president can remove a U.S. attorney appointed by federal judges under the statutory process for filling a vacancy.
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president → go → vacancy
The Aporia
