Federal Appeals Court Disqualifies Sigal Chattah as Nevada’s U.S. Attorney on August 18

A three-judge panel of the Ninth Circuit Court of Appeals ruled on Monday that Sigal Chattah was unlawfully appointed as Nevada’s top federal prosecutor. The court found that the Justice Department violated the Federal Vacancies Reform Act of 1998 by shifting Chattah’s titles to keep her in the role after her interim term expired in July 2025. The ruling disqualifies her from supervising three criminal cases and blocks similar appointment tactics across the federal system.

How the appointment scheme worked

Chattah was appointed interim U.S. attorney effective April 1, 2025, for a maximum 120-day term. The day before that term expired in late July 2025, then-Attorney General Pam Bondi resigned Chattah from the interim role and appointed her as first assistant U.S. attorney. Bondi also designated her as a special attorney. The Justice Department argued this move allowed Chattah to serve as acting U.S. attorney under federal vacancy law, which normally allows the first assistant to assume the acting role when a vacancy occurs.

Why the court rejected the government’s legal strategy

The three-judge panel, composed of two Trump appointees and one Clinton appointee, unanimously held that the Federal Vacancies Reform Act’s automatic succession rule applies only if the first assistant was already in that position when the vacancy arose. Judge Eric Miller wrote that the attorney general cannot “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 ruled the government cannot bypass Senate confirmation through title manipulation.

What happens to Chattah and the criminal cases

Chattah is disqualified from overseeing the three criminal cases that challenged her appointment. She may continue as first assistant U.S. attorney, the second-in-command position, but without the full powers granted to an acting U.S. attorney. The disqualification could affect her ability to oversee other cases as well. The Trump administration plans to appeal to the Supreme Court, according to a Justice Department spokesperson.

Broader implications for federal appointments

This ruling aligns with similar decisions from other federal courts that have rejected the government’s attempts to extend unconfirmed appointees as heads of U.S. Attorney’s Offices. The Washington Litigation Group noted the decision protects the Senate’s constitutional role in confirming U.S. Attorneys. The White House has nominated George Kelesis to permanently replace Chattah, though that confirmation process is ongoing.

Final Thoughts

The Ninth Circuit’s unanimous decision blocks the Trump administration’s strategy of using vacancy law technicalities to bypass Senate confirmation for U.S. Attorneys. Chattah loses supervisory authority over three cases and the full powers of an acting U.S. attorney, though she may remain as first assistant.

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