A US appeals court has put on hold a judge’s order that reinstated Seattle’s top federal prosecutor. Roger Rogoff will stay out of office while the legal fight continues.

In July, President Donald Trump fired Rogoff less than an hour after federal judges in the district named him US attorney for the Western District of Washington. Rogoff sued over his removal. He became the first court-appointed US attorney to challenge such a firing.

On October 1, US District Judge Stanley Bastian ruled in Rogoff’s favour. He said the President could not unilaterally remove an attorney appointed by the court. The judge ordered Rogoff reinstated.

Over the weekend, the 9th US Circuit Court of Appeals granted the government’s request for an administrative stay. The court said the stay only preserves the status quo while it considers the case. A full hearing is expected later this month.

For now, First Assistant US Attorney Charles Neil Floyd remains in charge of the office. Rogoff said he would not oppose the stay so the appeal can move quickly. He called Floyd an “unlawfully appointed head” of the office.