Court Restores Roger Rogoff as U.S. Attorney Following MTO Challenge  

Munger, Tolles & Olson and co-counsel HKM Employment Attorneys secured a significant victory on behalf of Roger Rogoff, obtaining a preliminary injunction recognizing him as the U.S. Attorney for the Western District of Washington and restoring him to the office after President Donald Trump sought to remove him. 

The federal judges of the Western District of Washington unanimously appointed Mr. Rogoff under federal law on July 15, 2026, following review by a bipartisan merit selection panel. Less than an hour after he was sworn in, the Trump administration informed him that the president had directed his removal. 

MTO and co-counsel filed suit on Mr. Rogoff’s behalf, arguing that the administration’s action violated federal law and the Constitution’s separation-of-powers framework. Under the governing statute, the attorney general may appoint an interim U.S. attorney for up to 120 days. If the vacancy remains after that appointment expires, the district court may appoint a U.S. attorney to serve until a presidential nominee is confirmed by the Senate. 

Following an October 1 hearing, U.S. District Judge Stanley Bastian of the Eastern District of Washington granted Mr. Rogoff’s motion for a preliminary injunction. The court found that Mr. Rogoff was likely to succeed on the merits of his challenge and concluded that the president could not unilaterally remove a court-appointed U.S. attorney. The court ordered the Department of Justice not to obstruct Mr. Rogoff’s access to the office or prevent him from performing his duties. It also prohibited the government from treating anyone else as the district’s U.S. attorney or chief federal law enforcement officer. 

The ruling recognizes Mr. Rogoff as the rightful holder of the office since he took the oath on July 15 and permits him to serve while the litigation proceeds. The Department of Justice filed a notice of appeal following the ruling. 

MTO Partner Hailyn Chen argued the motion. The MTO team also includes Partners Don Verrilli and Victoria Degtyareva and Associates Shannon Galvin Aminirad, Esthena Barlow, Connor Hoge and Cynthia Long.   

The victory received media coverage in Law360, The New York Times, Politico, Reuters, The Washington Post, CNN and CBS News, among other outlets.