Folks, I’m sipping my coffee and reading about a federal judge in Washington state who just ruled that President Donald Trump can’t fire US attorneys appointed by courts. I mean, I’ve seen some weird things in my time, but this one takes the cake. Judge Stanley Bastian said that a president’s powers to remove US attorneys are limited to Senate-confirmed US attorneys, not those appointed by courts. I guess that’s a big deal, but I’m still trying to wrap my head around it.
So, it all started with a lawsuit by Roger Rogoff, who was appointed by a federal court to be Seattle’s US attorney in July, only to be fired minutes later. I mean, that’s a pretty quick turnaround, even for a president who’s known for being, shall we say, decisive. Rogoff is the first court-appointed US attorney to challenge his firing in court, and Bastian noted that he’s the first judge to address the legal question of whether a president can fire court-appointed US attorneys.
Now, the Justice Department doesn’t contest a court’s ability to appoint a US attorney, but it argues that the president still retains the ability to fire that person. And, of course, they’re going to appeal Bastian’s ruling because that’s what they do. Rogoff was the first to challenge his firing, and now we’ve got a big ol’ legal question on our hands. While Bastian’s preliminary injunction ruling is in effect, the administration can’t take steps to fire Rogoff, nor can it hinder his ability to carry out his duties as Seattle’s top federal prosecutor.
This whole thing is just a big mess, folks. I mean, we’ve got Trump trying to reinstate his original choice for interim US attorney in New Jersey, Alina Habba, after the federal court there selected someone else for the role. And then Habba resigned after a federal appeals court said her appointment was unlawful. The Justice Department then worked with the federal judges in the state to find a prosecutor that the court could appoint to the job. It’s like a big game of musical chairs, except instead of chairs, it’s US attorneys.
And if that’s not enough, the Justice Department has appealed to the Supreme Court a case concerning its workarounds to keep Trump’s chosen lawyer, Sigal Chattah, as the leader of the US attorney’s office in Nevada, after lower courts said her appointment was illegal. The Supreme Court has not yet said if it will take up the Chattah case, but I’m sure it’ll be a real nail-biter.
In conclusion, this whole thing is a big headache, folks. I mean, I’m no lawyer, but it seems like the president should be able to appoint and fire US attorneys as he sees fit. But, I guess that’s not how it works. Anyway, I’m going to go refill my coffee cup and try to make sense of it all. And to all the lawyers out there, I say, “Bless your hearts” for having to deal with this mess. 🙄
Armchair patriot. Believes in the free market, cold beer, and that there’s always a guy named George behind every CNN segment.
Former remote-throwing champion turned #1 couch commentator on liberal panic in the media. Born in Texas (or so his mug says), he earned a degree in Fake Newsology & Beer Philosophy from YouTube University.
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