美国联邦上诉法院于星期天暂停了一名地区法官的裁决，该裁决要求特朗普政府立即恢复罗杰·罗戈夫(Roger Rogoff)担任西雅图联邦检察官一职。特朗普总统在7月份将罗戈夫罢免出美国西雅图联邦检察官办公室，距离罗戈夫在联邦法官一致任命后宣誓就职仅不到一个小时的时间。美国西区地区法官斯坦利·巴斯丹(Stanley Bastian)，他是前总统奥巴马的提名者，支持罗戋夫的论点，即他的解雇是非法的，并下令特朗普政府在选出继任者通过参议院确认程序之前将其恢复到该职位上。
An appeals court panel on Sunday paused a lower judge’s ruling that ordered the Trump administration to immediately reinstate Roger Rogoff as the top federal prosecutor in Seattle. President Trump ousted Rogoff in July from the U.S. attorney’s office in the Western District of Washington, less than an hour after he was sworn in following his unanimous appointment by federal judges. U.S. District Judge Stanley Bastian, an appointee of former President Obama, sided with Rogoff’s claim that his termination was unlawful and ordered the Trump administration to restore him to the position until a successor is chosen through the Senate confirmation process.
特朗普政府迅速寻求紧急停执行令，以阻止这项命令在上诉过程中。美国第九巡回上诉法院于星期天批准了政府的请求，并在一份无署名的命令中指出，这仅旨在维持现状，同时该案件继续推进。罗戈夫的律师在周一提交的材料中指出，尽管罗戈夫“并不承认”政府可能会胜诉，但他目前仍将退出该角色。
The Trump administration quickly sought an emergency stay to halt the order while an appeal played out. The 9th U.S. Circuit Court of Appeals granted the administration’s request on Sunday, noting in an unsigned order that it was “only intended to preserve the status quo” as the case moves forward. Rogoff’s lawyers noted in a filing Monday that while he “does not concede” that the administration is likely to prevail, he would remain out of the role for now.
这起案件源于对谁拥有解雇法院指定的美国检察官的权力的争议，这一问题尚未在联邦法院受到审理。罗戈夫争辩称特朗普总统缺乏宪法和法律上的权力单方面解雇他。司法部辩称总统可以解雇任何美国检察官，无论由谁指定。联邦法律规定，当美国检察官职位出现空缺时，司法部长可以指定临时代理人担任最多120天。一旦这段时间结束，地区法院法官可以指定某人“直到空缺被填补为止”担任该职务，这就是罗戈夫如何成为检察官办公室负责人的原因。
The case stems from a dispute over who has the power to fire court-appointed U.S. attorneys, a question that has not yet been tested in federal court. Rogoff has argued that Trump lacks the constitutional and statutory authority to unilaterally remove him. The Justice Department contends that the president can fire any U.S. attorney regardless of who appointed them. Federal law states that the head of the Justice Department can appoint an interim replacement for up to 120 days when a vacancy arises for a U.S. attorney. Once that time is up, district court judges may appoint someone to “serve until the vacancy is filled,” which is how Rogoff came to lead the prosecutor’s office.
巴斯丹在10月1日的裁决中写道：“无论是国会还是总统，都不能单方面且永久性地填补该职位。”
“Neither Congress nor the President can unilaterally and permanently fill the office,” Bastian wrote in his Oct. 1 order.
“两院必须通力合作，以确保该职位能长期有人任职，而不只是满足法律所允许的短暂任职期限。”上个月，特朗普提名现任华盛顿州东区第一助理检察官的皮特·塞拉诺来填补西雅图的这一职位。
“The two branches must work together to fill the office for longer than the short periods of time authorized by the statutes.”Trump nominated Pete Serrano, who serves as the first assistant for the Eastern District of Washington, to fill the Seattle post last month.