Appeals court weighs Trump’s power to fire court-appointed U.S. attorneys in challenge to Seattle-area prosecutor’s removal

A panel of 9th Circuit Court of Appeals judges is considering whether President Donald Trump can fire court-appointed U.S. attorneys, in a case over his removal of Roger Rogoff, a federal prosecutor in the Seattle area, Politico reported.

The three-judge panel appeared somewhat skeptical of several arguments from Rogoff’s lawyer, Don Verrilli Jr., a former U.S. solicitor general, but gave no clear indication of allegiance to either side. The judges are Richard Paez, a Clinton appointee; Jay Bybee, a George W. Bush appointee; and Jennifer Sung, a Biden appointee.

Justice Department attorney Mark Freeman argued that the lower court’s decision cannot be reconciled with Supreme Court jurisprudence on presidential removal authority and control of executive power. He pointed to the Supreme Court’s recent decision in Slaughter, which widened the president’s power to fire certain agency leaders.