Full Breakdown
Federal Appeals Court Rules Nevada’s Top Prosecutor Was Unlawfully Appointed
8/19/2026, 8:43:48 AM
The Ruling and Its Immediate Effect
A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously held that Sigal Chattah’s service as Nevada’s U.S. attorney violated the Federal Vacancies Reform Act. The panel affirmed a district-court injunction barring Chattah from supervising any criminal prosecutions in the state, including three ongoing cases filed by her office, and prevents her from acting as head of the U.S. Attorney’s Office while a permanent nominee is confirmed.
Legal Background and the Vacancies Reform Act
Federal law permits the Attorney General to name an interim U.S. attorney for up to 120 days after a vacancy occurs. After that period, a district court may appoint a temporary successor until the Senate confirms a nominee. The Ninth Circuit found that the Justice Department’s maneuver—having Chattah resign as interim and immediately re-appointing her as first assistant U.S. attorney and special assistant to the Attorney General—did not satisfy either statutory pathway. A first-assistant may assume acting authority only if that person was already in the role when the vacancy arose.
Timeline of the Appointment Maneuver
- April 1, 2025 – Chattah was appointed interim U.S. attorney, starting the 120-day clock.
- Late July 2025 – The interim term was set to expire; Chattah resigned one day before the deadline.
- Immediately thereafter – Attorney General Pam Bondi designated Chattah as first assistant U.S. attorney and special assistant, arguing the new titles allowed her to serve as acting attorney for an additional 210 days.
- September 2025 – U.S. District Judge David Campbell disqualified Chattah from overseeing prosecutions, citing the expired term.
- Monday (most recent) – The Ninth Circuit upheld Judge Campbell’s injunction, confirming the disqualification.
Data on the Disqualified Cases
The appellate decision references three criminal prosecutions the public-defender-filed lawsuit sought to protect from Chattah’s oversight: felony indictments for fraud, embezzlement and weapons violations.
Official Statements & Responses
Nevada’s Democratic senators, Catherine Cortez Masto and Jacky Rosen, said they had met with the administration’s nominee, Las Vegas attorney George Kelesis, and were reviewing his qualifications. Kelesis, a civil- and criminal-tax litigator who also serves as president of the Nevada Tax Commission, was nominated in February 2026 and awaits Senate confirmation.
Criticism & Opposition
Senator Jacky Rosen called Chattah “unfit” for the post and welcomed the court’s finding. Senator Catherine Cortez Masto echoed that sentiment, urging Chattah to vacate the office immediately. Both senators highlighted concern that the appointment tactics circumvented the Senate’s constitutional role in confirming senior prosecutors.
Conflicting Reports & Gaps
Sources differ on the length of Chattah’s original interim appointment. Some outlets describe a 120-day limit under the Vacancies Reform Act, while others reference a 180-day “interim” period. The appellate opinion clarifies that the statutory ceiling is 120 days, underscoring ongoing confusion about the law’s application. The ultimate fate of the three disqualified criminal cases remains unresolved pending further court action.
What’s Next
The Justice Department retains the option to petition the U.S. Supreme Court, though no filing has been announced. The Senate’s confirmation process for George Kelesis continues, with both Nevada senators indicating they are evaluating his nomination. The ruling sets a precedent that could affect similar interim-appointment disputes in other federal districts.
