A Ninth Circuit appeals court panel has ruled that the Trump administration's method of appointing an acting U.S. Attorney in Nevada was unlawful.
A panel of judges from the Ninth U.S. Circuit Court of Appeals has delivered a significant legal blow to the Department of Justice regarding the appointment of the top federal prosecutor in Nevada. The court affirmed a lower judge's ruling that Sigal Chattah was serving unlawfully as the acting U.S. Attorney for the District of Nevada. This decision, reached Vacancies Reform Act (FVRA) and limits the executive branch’s ability to bypass traditional Senate confirmation processes for high-level legal roles.
The legal challenge originated from federal public defenders in Nevada who contested Chattah’s authority to supervise various criminal prosecutions. The defense argued that the administrative maneuvers used to keep her in the position after her interim term expired were not supported rseeing these specific cases but also serves as a broader precedent regarding how the Justice Department fills leadership vacancies in federal districts across the country.
Sigal Chattah initially began her tenure as an interim U.S. Attorney on April 1, 2025, a role limited to a 120-day duration. As that window neared its conclusion in July, the Department of Justice attempted to circumvent the expiration h as the First Assistant U.S. Attorney immediately following her resignation from the interim role. The department contended that this shift allowed her to assume the duties of Acting U.S. Attorney under the provisions of the 1998 Federal Vacancies Reform Act.
However, the appellate panel found this logic fundamentally flawed. Writing for the court, U.S. Circuit Judge Eric Miller, an appointee of President Donald Trump, clarified that the FVRA does not provide a mechanism for the Attorney General to appoint someone to the first-assistant position specifically to trigger automatic succession to the acting U.S. Attorney role. The court emphasized that the first-assistant position must be held at the time the vacancy initially occurs for the statutory succession rules to apply, effectively blocking the government’s attempt to create a de facto leadership position.
The ruling represents a recurring theme of judicial pushback against the current administration's strategy of utilizing temporary appointees to lead federal offices without the scrutiny of Senate confirmation. l possesses broad inherent authority to delegate U.S. Attorney functions, the court has signaled that administrative expediency cannot override the explicit requirements set forth ruling ng as an acting U.S. Attorney in New Jersey due to similar procedural deficiencies.
The ongoing tension surrounding these appointments is exacerbated "blue slip" tradition. This practice often grants home-state senators significant leverage to stall or block federal judicial and prosecutorial nominees, a hurdle that has prompted the administration to favor acting appointments. With the court now clearly defining the legal boundaries for these temporary roles, the administration may face increased pressure to prioritize formal, Senate-confirmed nominations to avoid further disqualifications of their chosen legal representatives in court.
The immediate consequence of the Ninth Circuit's decision is the disqualification of Chattah from supervising the three criminal cases brought forth government, as the leadership of the U.S. Attorney's Office for the District of Nevada must now be rectified to comply with federal law. While President Trump eventually nominated George Kelesis for the permanent U.S. Attorney position in February 2026, the gap created al process.