9th Circuit rules Chattah's appointment as Nevada US attorney unlawful

August 18, 2026 at 01:23 AM2 min

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A federal appeals court ruled on Monday that Sigal Chattah is not validly serving as Nevada's lead federal prosecutor, upholding a judge's disqualification of her from supervising three criminal cases. The 9th U.S. Circuit Court of Appeals found her appointment unlawfully bypassed Senate confirmation. The decision deals a setback to the Trump administration's efforts to install U.S. Attorney leadership outside normal processes.

Key Facts

The 9th U.S. Circuit Court of Appeals upheld a ruling disqualifying Sigal Chattah from supervising three criminal cases as Nevada's U.S. attorney.
Chattah was appointed interim U.S. attorney in late March 2025 for a 120-day term, then named acting U.S. attorney by then-Attorney General Pam Bondi around July 26.
Federal public defenders in Nevada challenged Chattah's authority and sought dismissal of the criminal cases.
U.S. District Judge David Campbell disqualified Chattah in September, prompting the Trump administration to appeal.
U.S. Circuit Judge Eric Miller wrote that a first assistant U.S. attorney can lead an office only if they held that post when the vacancy arose.

Appeals Court Ruling

A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a judge's decision to disqualify Sigal Chattah from supervising prosecutions in three criminal cases. The panel found her appointment unlawfully bypassed the requirement that a U.S. Attorney receive Senate approval. U.S. Circuit Judge Eric Miller, a Trump appointee, wrote the decision; the other judges were appointed by Trump and Bill Clinton. Miller stated a first assistant U.S. attorney can only serve as head of the office if the person held that position when the vacancy arose.

Appointment Timeline

Chattah, former chairwoman of the Republican National Committee in Nevada, was appointed in late March 2025 to serve a 120-day stint as interim U.S. attorney. Around July 26, then-Attorney General Pam Bondi extended her appointment under a different federal law and named her acting U.S. Attorney. Bondi designated Chattah as First Assistant U.S. Attorney for the District of Nevada, the No. 2 office. Under the Federal Vacancies Reform Act of 1998, a person in that position would serve as acting U.S. Attorney.

Legal Challenge

Federal public defenders in Nevada brought the legal challenge to Chattah's authority in several separate criminal cases. They argued she should be disqualified because her appointment was unlawful and asked for the cases to be dismissed. U.S. District Judge David Campbell agreed in September, prompting the Trump administration to appeal. Chattah's office declined to comment, and a lawyer for the defendants did not immediately respond to a request for comment.