Federal Appeals Court Bars Sigal Chattah from Acting U.S. Attorney Role in Nevada

A three-judge panel of the 9th U.S. Circuit Court of Appeals affirmed a lower-court order that disqualifies Sigal Chattah from serving as the top federal prosecutor in Nevada. The panel held that the Justice Department’s reliance on vacancy-rule maneuvers to keep Chattah in the position was unlawful because she had never served as the first assistant to a Senate-confirmed U.S. attorney when the vacancy arose. “It does not apply to a first assistant who never served under a validly appointed official,” — Judge Eric Miller

The Hill

Under the Federal Vacancies Reform Act of 1998, an individual may serve as an interim U.S. attorney for up to 120 days after appointment by the Attorney General without Senate confirmation. The act’s automatic succession provision applies only if the first assistant was already in that role at the time the vacancy occurs. The court concluded that this condition was not met in Chattah’s case, rendering her continued oversight of criminal prosecutions unlawful.

The Hill

The statement reflects the agency’s intent to pursue further judicial review despite the appellate ruling.

The Hill

Chattah’s appointment followed a pattern of the Justice Department attempting to install U.S. attorneys aligned with former President Donald Trump’s agenda. A comparable effort to retain Alina Habba as U.S. Attorney for New Jersey was also invalidated by an appeals court in December. Legal analysts note that the Nevada ruling adds to a series of setbacks for the department’s strategy of using vacancy-rule workarounds to bypass Senate confirmation.

The Hill

The Justice Department’s planned appeal will determine whether the appellate panel’s interpretation of the Federal Vacancies Reform Act will be reviewed by the Supreme Court. The outcome could shape how future acting appointments are handled across the federal prosecutorial system.

The Hill