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Federal Judges Cannot Shield U.S. Attorneys from Presidential Removal

Can the president fire a federal prosecutor appointed by judges?

That's the constitutional question at the center of Trump v. Rogoff, a dispute now before the U.S. Court of Appeals for the Ninth Circuit.

After federal judges appointed Roger Rogoff as U.S. Attorney for the Western District of Washington, President Trump fired him less than an hour later. Rogoff sued, arguing that the president lacked the authority to remove a court-appointed prosecutor. A district court granted a preliminary injunction in Rogoff's favor, but the Ninth Circuit stayed that order while the appeal proceeds.

On…

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