Appeals court rules Nevada’s top federal prosecutor was unlawfully appointed
A three-judge panel of the Ninth U.S. Circuit Court of Appeals on Monday upheld a lower court’s order disqualifying Sigal Chattah from serving as Nevada’s U.S. attorney. The court found that the Justice Department could not keep her in the role through the appointment and delegation mechanisms it used after her interim term ended, according to the ruling.
The panel affirmed that Chattah was not validly leading the U.S. Attorney’s Office for the District of Nevada. Her disqualification affects three ongoing criminal cases she supervised, court records show. Chattah, a former Nevada Republican National Committee member, was appointed interim U.S. attorney effective April 1, 2025, with a term of up to 120 days.
As her tenure was nearing its end in late July of that year, then-Attorney General Pam Bondi designated Chattah as first assistant U.S. attorney after she resigned from the interim role shortly before the 120-day period expired. The Justice Department argued that this move allowed her to serve as acting U.S. attorney under the Federal Vacancies Reform Act, which permits such designations when a permanent appointment has not been confirmed.
Federal public defenders in Nevada challenged Chattah’s authority in multiple criminal cases, asserting her appointment was unlawful and calling for case dismissals. U.S. District Judge David Campbell sided with the defenders in September, leading to the Justice Department’s appeal. The appeals court panel rejected their arguments, ruling that under the Federal Vacancies Reform Act, a first assistant can only become acting U.S. attorney if they held that position at the time of the vacancy.
Judges emphasized that the attorney general cannot create a de facto acting U.S. attorney by delegating all duties to someone else. The panel included U.S. Circuit Judge Eric Miller, appointed by former President Donald Trump, U.S. District Judge Stanley Blumenfeld Jr., another Trump appointee, and U.S. Circuit Judge Sidney Thomas. This decision marks another setback for the Trump administration’s efforts to maintain temporary U.S. attorneys without Senate confirmation. The dispute has also reignited debate over the Senate Judiciary Committee’s “blue slip” tradition, which can block U.S. attorney nominations based on home-state senators’ objections.
In February 2026, Trump nominated George Kelesis for the Nevada post, replacing Chattah. Additionally, in December, a separate appeals court ruled that Alina Habba, a former Trump personal lawyer, was not lawfully serving as acting U.S. attorney in New Jersey, disqualifying her from overseeing cases, according to court records. Reuters contributed to this report.
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