Federal Court Disqualifies Nevada’s Interim U.S. Attorney Sigal Chattah

A federal appeals court has upheld a decision disqualifying Sigal Chattah from her position as the top federal prosecutor in Nevada. The Ninth U.S. Circuit Court of Appeals determined that the Justice Department incorrectly kept Chattah in charge through appointment and delegation methods after her interim term ended.

The three-judge panel confirmed Chattah’s disqualification from overseeing prosecutions in three criminal cases. Chattah had been the Nevada Republican National Committee member before joining the U.S. Justice Department. She was appointed interim U.S. attorney starting April 1, 2025, for up to 120 days.

As her interim tenure neared its end in late July, Attorney General Pam Bondi designated her as first assistant U.S. attorney after she resigned from the interim role. The Justice Department argued this designation allowed her to act as U.S. attorney under the Federal Vacancies Reform Act, pending the confirmation of a permanent replacement.

Federal public defenders in Nevada challenged Chattah’s authority, claiming her appointment violated the law and called for the dismissal of several criminal cases.

In September, U.S. District Judge David Campbell sided with the public defenders, prompting an appeal from the Trump administration. On Monday, the appeals court panel found the DOJ’s reliance on the Federal Vacancies Reform Act misplaced, stating that a first assistant could only act as U.S. attorney if they held the position when the vacancy occurred.

U.S. Circuit Judge Eric Miller, appointed by President Trump, emphasized that the Attorney General cannot appoint a de facto acting U.S. attorney by delegating all duties to someone else. The panel unanimously included Judges Stanley Blumenfeld Jr. and Sidney Thomas.

The Justice Department’s argument that Chattah’s appointment as first assistant automatically allowed her to serve was rejected. The panel dismissed alternative arguments, stating the delegation of prosecutorial duties to her was insufficient.

This decision marks another setback in efforts to appoint political allies as top federal prosecutors without standard Senate procedures. The dispute highlights tensions over the Senate Judiciary Committee’s “blue slip” tradition, affecting nominations.

President Trump did not nominate Chattah for the permanent post, choosing George Kelesis in February 2026 instead. Previous court decisions also disqualified other acting U.S. attorneys from serving without proper nomination.