A federal appeals court panel ruled that Sigal Chattah cannot continue as the top federal prosecutor in Nevada. This decision came from the Ninth U.S. Circuit Court of Appeals, which found that the Justice Department’s methods of maintaining her position were invalid after her interim term ended.
Chattah began her role as interim U.S. attorney for the District of Nevada on April 1, 2025, intended for up to 120 days. As this term was ending, former Attorney General Pam Bondi named her as first assistant U.S. attorney. Bondi argued that this designation allowed Chattah to serve as acting U.S. attorney through the Federal Vacancies Reform Act until a permanent appointee was confirmed.
In addition to her role as first assistant, Chattah was appointed as a special attorney. However, her ability to act as U.S. attorney faced legal challenges from federal public defenders in Nevada. They claimed her appointment was not lawful and requested dismissal of cases she was overseeing.
U.S. District Judge David Campbell sided with the public defenders, and the federal administration’s appeal was unsuccessful. The appeals court panel confirmed that the Federal Vacancies Reform Act did not permit Chattah to become an acting U.S. attorney based solely on her position as first assistant.
U.S. Circuit Judge Eric Miller, appointed by Donald Trump, stated that the Attorney General could not indirectly appoint someone as acting U.S. attorney by delegating duties. Judges Stanley Blumenfeld Jr. and Sidney Thomas joined Miller in this unanimous decision.
The Justice Department’s justification, asserting that Chattah’s role as first assistant or delegated duties qualified her as acting U.S. attorney, was refuted by the court.
This decision is part of ongoing setbacks to temporary federal prosecutor appointments that bypass Senate confirmation. Recently, controversy has surrounded the Senate Judiciary Committee’s traditional procedures, affecting U.S. attorney nominations. Trump did not nominate Chattah for a permanent role, instead proposing George Kelesis in early 2026.
This follows a similar case where the Third U.S. Circuit Court of Appeals ruled that Alina Habba, formerly linked to Trump, was unlawfully serving as acting U.S. attorney in New Jersey.