Court Disqualifies Sigal Chattah as Nevada’s U.S. Attorney

A federal appeals court panel recently reaffirmed an order disqualifying Sigal Chattah from her role as the top federal prosecutor in Nevada. The court ruled that the Justice Department could not keep her in charge using the appointment and delegation mechanisms it employed after her interim term concluded.

The Ninth U.S. Circuit Court of Appeals, consisting of a three-judge panel, upheld a previous decision that Chattah was not lawfully leading the U.S. Attorney’s Office for the District of Nevada. This ruling prevents Chattah from overseeing prosecutions in three criminal cases.

Chattah, previously Nevada’s Republican National Committee member, assumed the interim U.S. attorney position on April 1, 2025, for a duration of up to 120 days. As her interim term was nearing its end in late July of that year, then-Attorney General Pam Bondi appointed her as the first assistant U.S. attorney. Chattah resigned from the interim role shortly before the term expired, leading the Justice Department to argue her new role allowed her to act as U.S. attorney under the Federal Vacancies Reform Act until a permanent appointment.

Bondi also designated Chattah as a special attorney. The DOJ upheld that her role as the first assistant permitted her to serve as acting U.S. attorney under the Federal Vacancies Reform Act of 1998.

Federal public defenders in Nevada contested Chattah’s authority in several criminal cases, citing her appointment as unlawful and seeking case dismissals. U.S. District Judge David Campbell agreed with the defenders in September, provoking an appeal from the Trump administration.

The appeals court panel judged that, per the Federal Vacancies Reform Act, a first assistant could serve as acting U.S. attorney only if holding that position at the vacancy’s onset. U.S. Circuit Judge Eric Miller, a Trump appointee, wrote, “Nor can the Attorney General create a de facto Acting U.S. Attorney by delegating all of the functions and duties of the U.S. Attorney to someone else.” The panel, including Judges Stanley Blumenfeld Jr. and Sidney Thomas, rejected the Justice Department’s arguments.

This ruling signifies a setback for the administration’s attempts to appoint presidential allies to key positions without Senate confirmation. The issue arises amid debates over the Senate Judiciary Committee’s “blue slip” tradition, which can enable home-state senators to challenge U.S. attorney nominees when the committee chairman acknowledges their reservations.

President Trump did not nominate Chattah for the permanent role instead naming George Kelesis in February 2026. Similarly, the Third U.S. Circuit Court of Appeals found Alina Habba unlawfully serving as acting U.S. attorney in New Jersey, resulting in her disqualification.