Case: Rogoff v. Trump

2:26-cv-02566 | U.S. District Court for the Western District of Washington

Filed Date: July 21, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary as we research the case.) On July 21, 2026, a court-appointed United States Attorney filed this lawsuit in the U.S. District Court for the Western District of Washington against the President, the Executive Office of the President, the Acting Attorney General, and the Department of Justice. The district court had appointed the plaintiff under 28 U.S.C. § 546(d), which allows a district court to name a U.S. Attorney once the Attorney General's 120-day interim appointme…

(This summary is temporary as we research the case.)

On July 21, 2026, a court-appointed United States Attorney filed this lawsuit in the U.S. District Court for the Western District of Washington against the President, the Executive Office of the President, the Acting Attorney General, and the Department of Justice. The district court had appointed the plaintiff under 28 U.S.C. § 546(d), which allows a district court to name a U.S. Attorney once the Attorney General's 120-day interim appointment has lapsed, and provides that the court-appointed U.S. Attorney serves until the vacancy is filled by a Senate-confirmed nominee.

Less than an hour after the plaintiff was sworn in, the President had removed him. The plaintiff alleged that the firing violated the plain text of § 546(d), and that it violated the Appointments Clause by nullifying Congress's decision to vest interim appointments in the courts. 
 
 
 
 
 

 

Summary Authors

Haleigh Knowles (8/31/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73647676/parties/rogoff-v-trump/


Attorney for Plaintiff

Aminirad, Shannon G. (Washington)

Barlow, Esthena (Washington)

Attorney for Defendant
Expert/Monitor/Master/Other

Bailey, John P (Washington)

Brown, Diamond (Washington)

Burman, David J. (Washington)

Documents in the Clearinghouse

Documents in this case
1

2:26-cv-02566

Complaint for Declaratory and Injunctive Relief

Rogoff v. Trump et al.

July 21, 2026

July 21, 2026

Complaint
19

2:26-cv-02566

Order Denying Motion for Reassignment or Recusal

Rogoff v. Trump et al.

July 30, 2026

July 30, 2026

Order/Opinion

2026 WL 2283448

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73647676/rogoff-v-trump/

Last updated Sept. 17, 2026, 3:11 a.m.

Docket for: Rogoff v. Trump
ECF Number Date Description Link
1 July 21, 2026

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Receipt # AWAWDC-9843897) Attorney Jason A Rittereiser added to party Roger Rogoff(pty:pla) filed by Roger Rogoff. (Attachments: # 1 Civil Cover Sheet with Attachment, # 2 Summons Proposed Summons w Attachment, # 3 Summons Proposed Summons w Attachment, # 4 Summons Proposed Summons w Attachment, # 5 Summons Proposed Summons w Attachment)(Rittereiser, Jason) (Entered: 07/21/2026)

1 Civil Cover Sheet with Attachment

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2 Summons Proposed Summons w Attachment

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3 Summons Proposed Summons w Attachment

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4 Summons Proposed Summons w Attachment

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5 Summons Proposed Summons w Attachment

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Clearinghouse
2 July 21, 2026

APPLICATION OF ATTORNEY Shannon Aminirad FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844059 (Rittereiser, Jason) (Entered: 07/21/2026)

RECAP
3 July 21, 2026

APPLICATION OF ATTORNEY Hailyn Chen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844086 (Rittereiser, Jason) (Entered: 07/21/2026)

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4 July 21, 2026

APPLICATION OF ATTORNEY Victoria A. Degtyareva FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844119 (Rittereiser, Jason) (Entered: 07/21/2026)

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5 July 21, 2026

APPLICATION OF ATTORNEY Connor Hoge FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844149 (Rittereiser, Jason) (Entered: 07/21/2026)

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6 July 21, 2026

APPLICATION OF ATTORNEY Cynthia Long FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844170 (Rittereiser, Jason) (Entered: 07/21/2026)

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7 July 21, 2026

APPLICATION OF ATTORNEY Donald B. Verrilli, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844185 (Rittereiser, Jason) (Entered: 07/21/2026)

RECAP
8 July 21, 2026

MOTION for Preliminary Injunction, filed by Plaintiff Roger Rogoff. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/18/2026, (Rittereiser, Jason) (Entered: 07/21/2026)

1 Proposed Order

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9 July 21, 2026

ORDER re 2 3 4 5 6 7 Applications for Leave to Appear Pro Hac Vice: The Court ADMITS Attorneys Shannon G. Aminirad, Hailyn J Chen, Victoria A. Degtyareva, Connor Hoge, Cynthia Long, Donald B Verrilli, Jr for Plaintiff Roger Rogoff, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(PS) (Entered: 07/21/2026)

RECAP
10 July 21, 2026

DECLARATION of Hailyn J. Chen filed by Plaintiff Roger Rogoff re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Rittereiser, Jason) (Entered: 07/21/2026)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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11 July 21, 2026

DECLARATION of Noelle Smith filed by Plaintiff Roger Rogoff re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rittereiser, Jason) (Entered: 07/21/2026)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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12 July 21, 2026

DECLARATION of Roger Rogoff filed by Plaintiff Roger Rogoff re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rittereiser, Jason) (Entered: 07/21/2026)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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RECAP
July 21, 2026

Order on Application for Leave to Appear Pro Hac Vice

13 July 22, 2026

Summons(es) Electronically Issued as to all Defendants. (MIH) (Entered: 07/22/2026)

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14 July 22, 2026

MINUTE ORDER. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, United States District Judge: The Honorable Ricardo S. Martinez recuses himself and the case is hereby transferred to a judge from outside this district consistent with the Ninth Circuit's December 10, 2025, General Designation of a District Judge for Service in Another District Within the Ninth District. See 28 U.S.C. § 292(b). (CB) (Entered: 07/22/2026)

RECAP
15 July 22, 2026

AFFIDAVIT of Service of Summons and Complaint on U.S. Department of Justice on 7/22/2026, filed by Plaintiff Roger Rogoff. (Rittereiser, Jason) (Entered: 07/22/2026)

RECAP
July 22, 2026

Add and Terminate Judges

July 22, 2026

Judge Ricardo S. Martinez added. (ELS)

July 22, 2026

2 - Minute Order

July 22, 2026

Judge Stanley A. Bastian added. Judge Ricardo S. Martinez no longer assigned to case, per 14 Minute Order (ELS)

July 22, 2026

Judge Stanley A. Bastian added. Judge Ricardo S. Martinez no longer assigned to case, per 14 Minute Order (ELS) (See 2:26-mc-00002 to view the Ninth Circuit's December 10, 2025, Order Designating the Honorable Stanley A. Bastian for Service in the Western District of Washington.)

16 July 28, 2026

NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. (Kipnis, Brian) (Entered: 07/28/2026)

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17 July 28, 2026

MOTION for Recusal or Reassignment by Ninth Circuit Order, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 8/18/2026, (Kipnis, Brian) (Entered: 07/28/2026)

1 Proposed Order

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18 July 30, 2026

RESPONSE, by Plaintiff Roger Rogoff, to 17 MOTION for Recusal or Reassignment by Ninth Circuit Order. (Rittereiser, Jason) (Entered: 07/30/2026)

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19 July 30, 2026

ORDER denying Defendants' 17 Motion for Recusal or Reassignment by Ninth Circuit Order. Signed by Judge Stanley A. Bastian.(CJS) (Entered: 07/30/2026)

Clearinghouse
20 Aug. 11, 2026

RESPONSE, by Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice, to 8 MOTION for Preliminary Injunction . (Kipnis, Brian) (Entered: 08/11/2026)

RECAP
21 Aug. 17, 2026

Unopposed MOTION for Leave to File Brief Amicus Curiae, filed by Amicus New Civil Liberties Alliance. (Attachments: # 1 Exhibit Proposed Amicus Brief of NCLA, # 2 Proposed Order) Noting Date 8/17/2026, (Mitchell, Jonathan) (Entered: 08/17/2026)

1

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2

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22 Aug. 17, 2026

NOTICE of Appearance by attorney Jonathan F Mitchell on behalf of Amicus New Civil Liberties Alliance. (Mitchell, Jonathan) (Entered: 08/17/2026)

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23 Aug. 18, 2026

MOTION for Leave to File Brief as Amci Curiae, filed by Amicus Former United States as Amici Curiae. (Attachments: # 1 Proposed Order, # 2 Brief of Former United States Attorneys as Amici Curiae) Noting Date 8/18/2026, (Burman, David) (Entered: 08/18/2026)

1 Proposed Order

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2 Brief of Former United States Attorneys as Amici Curiae

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24 Aug. 18, 2026

NOTICE of Appearance by attorney David J. Burman on behalf of Amicus Former United States as Amici Curiae. (Burman, David) (Entered: 08/18/2026)

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25 Aug. 18, 2026

APPLICATION OF ATTORNEY Abigail Frisch Vice FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914208 (Hawley, Jonathan) (Entered: 08/18/2026)

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26 Aug. 18, 2026

APPLICATION OF ATTORNEY Diamond J. Brown FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914212 (Hawley, Jonathan) (Entered: 08/18/2026)

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27 Aug. 18, 2026

APPLICATION OF ATTORNEY Norman L. Eisen FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914216 (Hawley, Jonathan) (Entered: 08/18/2026)

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28 Aug. 18, 2026

APPLICATION OF ATTORNEY Stephen A. Jonas FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914217 (Hawley, Jonathan) (Entered: 08/18/2026)

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29 Aug. 18, 2026

APPLICATION OF ATTORNEY Esthena Barlow FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9914245 (Rittereiser, Jason) (Entered: 08/18/2026)

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30 Aug. 18, 2026

REPLY, filed by Plaintiff Roger Rogoff, TO RESPONSE to 8 MOTION for Preliminary Injunction (Rittereiser, Jason) (Entered: 08/18/2026)

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31 Aug. 19, 2026

ORDER re 29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Esthena Barlow for Plaintiff Roger Rogoff, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 08/19/2026)

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32 Aug. 19, 2026

ORDER re 25 Application for Leave to Appear Pro Hac Vice, 27 Application for Leave to Appear Pro Hac Vice, 28 Application for Leave to Appear Pro Hac Vice, 26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Abigail Frisch Vice, Diamond Brown, Norman Larry Eisen, and Stephen Allen Jonas for Former United States as Amici Curiae, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 08/19/2026)

RECAP
Aug. 19, 2026

Order on Application for Leave to Appear Pro Hac Vice

33 Aug. 21, 2026

ORDER granting The New Civil Liberties Alliance's 21 Motion for Leave to File Brief Amicus Curiae and granting The Former United States Attorneys' 23 Unopposed Motion for Leave to File Brief as Amici Curiae. Signed by Judge Stanley A. Bastian. (APH) (Entered: 08/21/2026)

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34 Aug. 24, 2026

NOTICE of Supplemental Authority re 8 MOTION for Preliminary Injunction by Plaintiff Roger Rogoff (Attachments: # 1 Exhibit A)(Rittereiser, Jason) (Entered: 08/24/2026)

1 Exhibit A

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35 Aug. 31, 2026

ORDER SETTING HEARING ON PRELIMINARY INJUNCTION. A hearing on Plaintiff's Motion for Preliminary Injunction, ECF No. 8 , is set for 9/22/2026, at 10:00 a.m., in Seattle, Washington. Signed by Judge Stanley A. Bastian. (APH)

RECAP
36 Sept. 2, 2026

MOTION to Continue Hearing on Motion for Preliminary Injunction, filed by Plaintiff Roger Rogoff. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion to Continue) Noting Date 9/2/2026, (Rittereiser, Jason) (Entered: 09/02/2026)

1 Proposed Order Granting Plaintiff's Motion to Continue

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37 Sept. 2, 2026

DECLARATION of Jason A. Rittereiser filed by Plaintiff Roger Rogoff re 36 MOTION to Continue Hearing on Motion for Preliminary Injunction (Rittereiser, Jason) (Entered: 09/02/2026)

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38 Sept. 8, 2026

ORDER granting Plaintiff's 36 Motion to Continue Hearing on Motion for Preliminary Injunction. The hearing as to 8 MOTION for Preliminary Injunction is continued to 10/1/2026 at 10:00 AM in Seattle, Washington. Signed by Judge Stanley A. Bastian.(CJS) (Entered: 09/08/2026)

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39 Sept. 9, 2026

NOTICE of Appearance by attorney Joshua Ha on behalf of Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. (Ha, Joshua) (Entered: 09/09/2026)

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40 Sept. 10, 2026

NOTICE of Request for Video Recording of Motion for Preliminary Injunction hearing on 10/1/2026 at 10:00 AM before Stanley A. Bastian. Parties must submit a PARTY OBJECTION TO REQUEST FOR VIDEO RECORDING before 9/17/2026. Please Note: This form must not be filed electronically with the Court. (ELS) (Entered: 09/10/2026)

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Case Details

State / Territory:

Washington

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 21, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Court- appointed U.S. Attorney

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Acting Attorney General of the United States

Executive Office of the President

President Donald J. Trump

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Appointments Clause

Due Process: Procedural Due Process

Separation of Powers

Other Dockets:

Western District of Washington 2:26-cv-02566

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Appointment Authority

Recommended Citation