Full Breakdown
Federal Appeals Court Rules Nevada U.S. Attorney Appointment Unlawful
8/19/2026, 10:30:19 PM
Background & Context
The Trump administration used the Federal Vacancies Reform Act to keep politically aligned prosecutors in office without Senate confirmation. In April 2025, Attorney General Pam Bondi appointed Sigal Chattah—former Nevada Republican National Committee chair—as interim U.S. attorney for the District of Nevada. As the 120-day deadline approached, the administration redesignated Chattah as first assistant U.S. attorney, arguing the new title let her continue acting as the top federal prosecutor. Similar tactics were employed in California and New Jersey and were repeatedly rejected by federal courts.
Core Legal Issue and Court Decision
A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously held that the Justice Department’s maneuver violated the Federal Vacancies Reform Act of 1998. The panel ruled that a first assistant may assume acting authority only if the vacancy existed while that assistant already held the position. Because Chattah was not the first assistant when the U.S. attorney’s office became vacant, her continued service was unlawful. Judge Eric Miller authored the opinion, affirming a lower-court order that disqualified Chattah from overseeing criminal prosecutions in Nevada.
Key Figures
- Sigal Chattah – appointed interim U.S. attorney in April 2025, later served as first assistant.
- George Kelesis – nominee for the Senate-confirmed U.S. attorney.
- Pam Bondi – Attorney General who made the interim appointment.
- Judge Eric Miller – Ninth Circuit judge who authored the majority opinion.
- Judge David Campbell – U.S. District Judge who initially disqualified Chattah.
- Senators Catherine Cortez Masto and Jacky Rosen – Nevada Democrats who opposed the appointment.
Data & Statistics
- Four Nevada defendants indicted by Chattah’s office challenged her authority.
- Three federal public defenders represented those defendants.
- The appellate opinion spans 36 pages and was issued unanimously.
Official Statements & Responses
Democratic senators Catherine Cortez Masto and Jacky Rosen praised the court’s finding, describing Chattah as “unfit” and urging her immediate departure.
Senator Cortez Masto’s office confirmed she has met with nominee George Kelesis and is reviewing his qualifications. Senator Rosen’s office has not responded to requests for comment on the nomination.
Conflicting Reports & Gaps
Sources differ on the precise sequence of Chattah’s titles after her resignation. The Justice Department’s claim that Chattah could serve up to 210 days after a failed nomination was not addressed by the appellate court, leaving that argument unresolved.
What’s Next
The Justice Department has indicated it will appeal the Ninth Circuit’s decision to the Supreme Court. The nomination of George Kelesis remains pending Senate confirmation, and Nevada’s U.S. attorney’s office must appoint an interim prosecutor or await a court-appointed successor to fill the vacancy created by Chattah’s disqualification.
