Fired U.S. Attorney in Washington Sues Trump, Seeks to Overrule Morrison v. Olson Precedent
Roger Rogoff, a U.S. Attorney appointed by a federal judge in the Western District of Washington, was fired by President Trump. Rogoff has sued Trump, seeking a preliminary injunction to invalidate his removal, arguing it violates the Appointments Clause. The case challenges the remaining precedent from Morrison v. Olson, which allowed federal judges to appoint prosecutors not subject to presidential removal. The article, written by a legal scholar, argues that federal judges should not appoint executive branch prosecutors and that the Supreme Court should overrule this aspect of Morrison. It notes that the Independent Counsel statute is already effectively dead after the Slaughter decision, but the issue of judicial appointment of inferior officers remains. The author expects the district court to rule against Trump, with a likely reversal by the Ninth Circuit.
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