2026年10月1日 / 美国东部时间下午6:58 / 哥伦比亚广播公司新闻
华盛顿讯 —— 一名联邦法官周四阻止了特朗普总统解雇罗杰·罗戈夫西雅图联邦首席检察官职务的决定，认定总统无权单方面罢免由地区法院任命的美国检察官。
美国地区法官斯坦利·巴斯蒂安在一场听证会结束时当庭宣布了这一裁决，他同意批准罗戈夫的请求，恢复其职务，直至参议院确认新任人选。特朗普上月提名西蒙·彼得·塞拉诺担任西雅图美国检察官一职。
巴斯蒂安裁定，罗戈夫是华盛顿西区联邦检察官，自7月15日起便是该职位的“合法持有者”——当天该地区的联邦地区法官任命他担任这一职务并完成就职宣誓。
特朗普在罗戈夫宣誓就职不到一小时后就将其解雇。
“本案中法院需要裁决的真正问题似乎是首例：总统能否解雇由地区法院任命的美国检察官？”巴斯蒂安说道，随后补充道，“法院面临的这个问题的答案是否定的。总统无权单方面解雇由地区法院任命的美国检察官。”
美国司法部表示打算提起上诉，并将立即寻求暂停该裁决的执行。
除了认定罗戈夫为华盛顿西区美国检察官外，巴斯蒂安还表示，一直负责该办公室事务的第一助理检察官查尔斯·尼尔·弗洛伊德“并非华盛顿西区的美国检察官”，赋予其履行该职位职责的权限“属于不当授予”。
特朗普上周签署了一项行政令，指示弗洛伊德“履行美国检察官办公室的职能和职责”。
“如果允许总统解雇由地区法院任命的美国检察官，将会颠覆宪法和法律所确立的框架，该框架平衡了总统的任命权与参议院的确认权。”巴斯蒂安说道，“允许总统解雇由法院任命的美国检察官，还会消除提名能够获得参议院确认的候选人的动力。换言之，行政和立法分支理应、也应当携手合作。”
在口头裁决中，法官禁止特朗普政府在参议院确认新任美国检察官之前执行对罗戈夫的解雇令。他还表示，政府不得试图将罗戈夫从其职位上撤职、剥夺其职位相关的福利或资源，或阻碍罗戈夫履行职责。
最后，巴斯蒂安表示，特朗普政府不得将除罗戈夫之外的任何人视为美国检察官。
“法院认定，遵守法律并让罗戈夫担任其已宣誓就职的职位符合公共利益。”他说道。
“我深切关注法治以及我国开国元勋设想、国会落实的审慎制衡机制。”罗戈夫在发给哥伦比亚广播公司新闻的一份声明中说道，“我感谢司法程序，现在我将专注于就任美国检察官一职，为华盛顿西区民众服务。”
西雅图美国检察官办公室自2023年中期以来一直没有经参议院确认的负责人。特朗普就职后，解雇了时任该办公室首席检察官的特莎·戈尔曼。戈尔曼曾以临时身份履职，后于2024年5月由地区法院法官任命担任该职务。
弗洛伊德于去年10月开始以临时美国检察官身份领导该办公室，但他的任命有120天的任期限制，该期限于今年2月到期。此后他担任第一助理美国检察官，即该办公室的二把手，并在当时表示将继续领导该办公室。
由于特朗普当时尚未提名西雅图联邦首席检察官人选，地区法官根据一项规范美国检察官职位空缺的联邦法律行使了职权，任命罗戈夫担任该职务。该法律允许司法部长任命临时美国检察官，任期为120天。一旦该临时任命到期，地区法院可以同意延长该检察官的任期，或任命自己的美国检察官，直至参议院确认新任人选。
在被迅速解雇后，罗戈夫对特朗普政府提起诉讼，辩称其被解雇是非法的。他辩称，如果法院不阻止这一行为，特朗普政府的“行动将允许行政部门无限期规避参议院的建议与同意权”。
特朗普曾试图在其他多个地区安插其心仪的美国检察官人选，包括内华达州、纽约州、弗吉尼亚州和新泽西州。在这些案例中，联邦法院均认定相关任命非法，其中部分案例涉及略有不同的机制。
不过，罗戈夫似乎是首位对自己被解雇提起诉讼的被免职检察官。
Judge blocks Trump’s firing of top federal prosecutor in Seattle and restores him as U.S. attorney
October 1, 2026 / 6:58 PM EDT / CBS News
Washington — A federal judge on Thursday blocked President Trump’s firing of Roger Rogoff from his post as the top federal prosecutor in Seattle, finding the president cannot unilaterally remove a U.S. attorney who has been tapped to the post by a district court.
U.S. District Judge Stanley Bastian delivered his decision from the bench at the end of a hearing, during which he agreed to grant Rogoff’s request to reinstate him until the Senate confirms a replacement. Mr. Trump nominated Simon Peter Serrano to the position of U.S. attorney in Seattle last month.
Bastian ruled that Rogoff is the U.S. attorney in the Western District of Washington and has been the “rightful holder of that office” since July 15, when the federal district judges in the region installed him to the role and he took his oath of office.
Mr. Trump fired Rogoff less than an hour after he was sworn in.
“The real issue to be decided in this case by this court appears to be one of first impression: can the president fire a U.S. attorney appointed by the district court?” Bastian said, later adding, “The answer to the question the court is faced with is no. The president cannot unilaterally fire a United States attorney appointed by the district court.”
The Justice Department said it intends to appeal and will immediately seek to halt the ruling.
In addition to declaring Rogoff as the U.S. attorney, Bastian said Charles Neil Floyd, the first assistant who has been leading the office, “is not the United States attorney” for the Western District of Washington, and authority to perform the role’s responsibilities was “improperly granted.”
Mr. Trump signed an order last week that directed Floyd “to perform the functions and duties of the office of United States Attorney.”
“Allowing the president to fire a U.S. attorney appointed by the district court would upend the framework created by the Constitution and the statutes, which together balance the president’s right to appoint and the Senate’s right to confirm,” Bastian said. “Allowing the president to fire a United States attorney appointed by the court also eliminates the incentive to nominate a candidate that can be confirmed by the Senate. In other words, the executive and legislative branches are supposed to and encouraged to work together.”
In his oral order, the judge prohibited the Trump administration from putting Rogoff’s firing into effect until the U.S. attorney spot is filled by a Senate-confirmed candidate. He also said the administration cannot purport to remove Rogoff from his position, deny him access to benefits or resources of the position, or obstruct Rogoff from his ability to carry out his duties.
Finally, Bastian said the Trump administration cannot treat anyone other than Rogoff as U.S. attorney.
“The court finds it is in the public interest that the law be followed and that Mr. Rogoff take the office to which he has already taken the oath of office,” he said.
“I care deeply about the rule of law and the careful checks and balances envisioned by our Founders and carried out by Congress,” Rogoff said in a statement provided to CBS News. “I appreciate the judicial process and am now focused on assuming the role of U.S. attorney and getting to work for the people of Western Washington.”
The U.S. attorney’s office in Seattle has not had a Senate-confirmed leader since mid-2023. After Mr. Trump took office, he fired Tessa Gorman as the top prosecutor in the office. She had been serving temporarily before judges on the district court appointed her to the job in May 2024.
Floyd began leading the office as interim U.S. attorney in October, but his appointment was subject to a 120-day clock, which expired in February. He then began serving as first assistant U.S. attorney, the second-in-command, and said at the time that he would continue leading the office.
Because Mr. Trump had not by that time put forth a nominee to serve as the top federal prosecutor in Seattle, the district judges exercised their authority under a federal law governing U.S. attorney vacancies to tap Rogoff for the job. That law allows the attorney general to appoint an interim U.S. attorney, who is subject to a 120-day term. Once that appointment expires, the district court can either agree to extend that prosecutor’s tenure or appoint its own U.S. attorney until the Senate confirms a replacement.
Following his swift firing, Rogoff filed a lawsuit against the Trump administration and argued that his removal was unlawful. He argued that if not blocked by the court, the Trump administration’s “actions will permit the Executive Branch to evade the Senate’s advice-and-consent role indefinitely.”
Mr. Trump has attempted to install his preferred candidates for U.S. attorney in several other places, including Nevada, New York, Virginia and New Jersey. Federal courts have in those instances, some of which involve a slightly different mechanism, found the appointments unlawful.
Rogoff, however, appears to be the first ousted prosecutor to challenge his firing in court.
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