Appeals Court Blocks Trump’s Nevada U.S. Attorney on August 19

A federal appeals court ruled Monday that Sigal Chattah, the Trump administration’s pick for U.S. attorney in Nevada, was unlawfully appointed and cannot legally serve in the role. The 9th U.S. Circuit Court of Appeals rejected the Justice Department’s legal maneuvers designed to keep Chattah in office without Senate confirmation, marking another setback for Trump’s effort to extend handpicked prosecutors beyond federal law limits.

How the Trump administration tried to extend her term

Chattah was appointed interim U.S. attorney in April 2025 for a 120-day term set to expire in July. One day before that deadline, she resigned and was immediately designated first assistant U.S. attorney. The Justice Department argued this move triggered the Federal Vacancies Reform Act of 1998, which allows a first assistant to automatically become acting U.S. attorney when a vacancy exists, giving her another 210 days in the role. The strategy bypassed the Senate confirmation process that Nevada’s Democratic senators had blocked.

Why the court rejected this approach

The three-judge panel ruled that the vacancy law applies only to someone already serving as first assistant when the vacancy occurred, not someone appointed to that position afterward. Judge Eric Miller, a Trump appointee, wrote that the Attorney General cannot create an acting U.S. attorney by delegating functions to someone who never served under a validly appointed official. The court found the government’s maneuvers were never intended by Congress.

What happens next and why it matters

Chattah remains in the Nevada office under the title of first assistant U.S. attorney while the case proceeds. The Justice Department said it plans to appeal to the Supreme Court. The White House nominated George Kelesis, a Las Vegas attorney practicing law since 1981, as a replacement in February, but he must go through Senate confirmation. Nevada’s Democratic senators, Catherine Cortez Masto and Jacky Rosen, have called Chattah an extremist and vowed to block any permanent appointment.

A pattern across the country

Judge Miller noted that similar tactics have been used nationwide to extend other temporary appointees who lacked Senate confirmation. Courts considering comparable cases have consistently rejected the administration’s arguments. The ruling signals that federal judges across multiple circuits view the strategy as an unlawful attempt to circumvent the Senate’s constitutional role in confirming top prosecutors.

Final Thoughts

The appeals court decision blocks a key Trump administration tactic for keeping preferred prosecutors in place without Senate approval. With the DOJ planning a Supreme Court appeal, the fight over Chattah’s role will likely continue, but the ruling narrows the legal paths available to extend interim appointments beyond statutory limits.

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