Appeals court rules Trump administration unlawfully appointed Sigal Chattah as Nevada US attorney
The 9th U.S. Circuit Court of Appeals unanimously ruled that the Trump administration unlawfully appointed Sigal Chattah to lead the Nevada U.S. attorney's office. The court rejected the Department of Justice's maneuver of appointing Chattah as first assistant to bypass Senate confirmation under the Federal Vacancies Reform Act. While the ruling bars Chattah from supervising three specific criminal cases, she remains in office under a stay as the DOJ prepares to appeal the decision to the U.S. Supreme Court. The precedent also threatens a similar workaround used to keep Bill Essayli in charge of the Los Angeles federal prosecutor's office.
Chattah appointment disqualification ruling
▪The 9th U.S. Circuit Court of Appeals ruling kept the defendants' indictments intact but affirmed that Sigal Chattah is barred from supervising or participating in their prosecutions.
▪The 9th U.S. Circuit Court of Appeals ruling affirmed a September 2025 order by U.S. District Judge David Campbell that disqualified Sigal Chattah from supervising prosecutions in three federal criminal cases.
▪A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously ruled on August 17, 2026, that Sigal Chattah was unlawfully appointed to lead the Nevada U.S. attorney's office.
▪The legal challenge against Sigal Chattah's appointment was initiated by federal public defenders representing criminal defendants who argued their indictments were invalid because Chattah signed them as acting U.S. attorney.
▪The 9th U.S. Circuit Court of Appeals panel that ruled against Sigal Chattah consisted of U.S. Circuit Judge Eric Miller, U.S. Circuit Judge Sidney Thomas, and U.S. District Judge Stanley Blumenfeld Jr.
▪Democratic Nevada Senators Catherine Cortez Masto and Jacky Rosen praised the appeals court ruling and renewed their calls for Sigal Chattah to vacate the U.S. attorney's office.
Senate confirmation bypass tactics
▪The 3rd U.S. Circuit Court of Appeals ruled in December 2025 that Trump ally Alina Habba was unlawfully appointed as acting U.S. attorney in New Jersey, forcing her resignation.
▪In February 2026, the Trump administration nominated Las Vegas lawyer George Kelesis to permanently replace Sigal Chattah, though his Senate confirmation process remains ongoing.
▪The Trump administration appointed Sigal Chattah as interim Nevada U.S. attorney on April 1, 2025, but she lacked the support of Nevada's Democratic senators, making Senate confirmation unlikely.
▪The Trump administration's appointment of Sigal Chattah as first assistant was designed to bypass the Senate confirmation process and prevent local federal judges from appointing their own interim U.S. attorney.
▪One day before her 120-day interim term expired in July 2025, Sigal Chattah resigned and was immediately appointed as first assistant U.S. attorney by then-Attorney General Pam Bondi.
Federal Vacancies Reform Act
▪The 9th U.S. Circuit Court of Appeals rejected the Department of Justice's argument that the attorney general can delegate all functions and duties of a vacant U.S. attorney office to a designated first assistant.
▪The 9th U.S. Circuit Court of Appeals ruled that under the Federal Vacancies Reform Act of 1998, a first assistant can only automatically become acting U.S. attorney if they held the first-assistant role when the vacancy originally arose.
Essayli Los Angeles appointment
▪The 9th U.S. Circuit Court of Appeals ruling has raised legal questions about the status of Bill Essayli, who continues to lead the U.S. attorney's office in Los Angeles as first assistant.
▪U.S. District Judge J. Michael Seabright ruled in October 2025 that Bill Essayli was unlawfully serving as acting U.S. attorney in Los Angeles, but did not bar him from performing duties as first assistant.
DOJ Supreme Court appeal
▪The 9th U.S. Circuit Court of Appeals upheld a lower court stay that allows Sigal Chattah to remain in her position pending the Department of Justice's appeal to the U.S. Supreme Court.
▪The U.S. Department of Justice announced that it disagrees with the 9th U.S. Circuit Court of Appeals decision regarding Sigal Chattah and plans to appeal the ruling to the U.S. Supreme Court.
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