The RecordExhibit 36
Firing court-picked prosecutors to keep his own picks in charge
Ruled unlawful means: A court ruled against it. Some rulings are on appeal.
When New Jersey's federal judges appointed a U.S. attorney in July 2025, after the legal time limit ran out for Trump's interim pick, his former personal lawyer Alina Habba, the Justice Department fired the court's choice and used a chain of maneuvers to keep Habba in charge.
What happened
Federal law lets an interim U.S. attorney serve 120 days; after that, the local federal court can appoint someone until the Senate confirms a nominee. The administration used similar workarounds to keep its chosen prosecutor, Sigal Chattah, running the Nevada office. In Seattle, Trump fired court-appointed U.S. attorney Roger Rogoff minutes after he was sworn in on July 15, 2026.
Where it stands
Courts have repeatedly ruled against the workarounds. Judge Matthew Brann ruled in August 2025 that Habba was serving unlawfully, an appeals court agreed in December, and she resigned. Lower courts also found Chattah's appointment illegal, and the Justice Department has asked the Supreme Court to step in. On Oct. 1, 2026, in the first ruling of its kind, Judge Stanley Bastian held that a president cannot fire a court-appointed U.S. attorney and blocked Rogoff's removal.
The administration's side
The Justice Department says the president keeps the power to fire any U.S. attorney, including one appointed by a court, and will appeal the Seattle ruling. In New Jersey it argued the attorney general could lawfully delegate the office's powers to Habba. It does not dispute that courts can make temporary appointments.
Sources
Permanent link: https://unredactedrecord.com/e/usattorneys/