A federal appeals court has delivered a significant setback to the Trump administration’s efforts to install interim U.S. attorneys without going through the full Senate confirmation process. The ruling centers on Sigal Chattah, who was serving as the top federal prosecutor in Nevada.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled Monday that Chattah’s continued service as acting U.S. attorney was unlawful. The decision upheld a lower-court ruling that found the administration had improperly used federal vacancy laws to keep Chattah in charge after her initial temporary appointment expired.
The case highlights a broader dispute over how presidents can fill vacant U.S. attorney positions while awaiting Senate confirmation. Under the Constitution and federal law, permanent U.S. attorneys are nominated by the president and confirmed by the Senate. The appeals court rejected the administration’s attempt to extend Chattah’s tenure through a different appointment mechanism.
Dispute Over Chattah’s Appointment
Chattah, a Republican and former Nevada political candidate, was initially appointed in March 2025 to serve as interim U.S. attorney for Nevada. Her temporary appointment was limited to 120 days.
As that period approached its end, then Attorney General Pam Bondi designated Chattah as the office’s first assistant U.S. attorney and sought to have her continue running the office as acting U.S. attorney under the Federal Vacancies Reform Act.
Federal public defenders challenged that arrangement, arguing that the administration was effectively bypassing the Senate confirmation process. The Ninth Circuit agreed that the legal requirements for using the first-assistant position had not been satisfied.
The court concluded that a first assistant can assume the acting U.S. attorney position under the vacancies law only if that person held the first-assistant position when the vacancy occurred. Chattah did not meet that requirement.
Broader Implications for Trump
The ruling could have implications beyond Nevada. The Trump administration has relied on interim and acting prosecutors in several jurisdictions while seeking to place its preferred candidates in key federal law-enforcement positions.
Legal challenges have already emerged in other states, including New Jersey, where courts previously rejected an effort to keep former Trump lawyer Alina Habba in the state’s top federal prosecutor position without the required confirmation process.
The growing number of cases has raised questions about whether the administration can use temporary appointments to exercise control over federal prosecutors for extended periods without Senate approval.
University of Richmond law professor Carl Tobias said the Nevada ruling could influence similar litigation in other federal appellate courts.
Criminal Cases Remain Intact for Now
Although the Ninth Circuit ruled that Chattah was improperly serving as Nevada’s top federal prosecutor, the panel did not immediately invalidate three criminal indictments connected to the dispute.
The court said it lacked jurisdiction to review challenges to those indictments at this stage, leaving defendants to pursue those arguments through other legal proceedings.
That distinction means the ruling does not automatically erase prosecutions overseen by Chattah, even though it prevents her from continuing to exercise authority as the acting U.S. attorney under the disputed arrangement.
Senate Confirmation Remains Central
The decision underscores the constitutional role of the Senate in confirming U.S. attorneys. The Ninth Circuit emphasized that the executive branch cannot simply create an indefinite interim arrangement to avoid the confirmation process established by Congress.
Trump has nominated George Kelesis to become Nevada’s U.S. attorney, but his nomination remains subject to Senate confirmation. Until a permanent successor is confirmed, the dispute over who can legally lead the office could continue.
The Nevada case therefore represents more than a dispute over one prosecutor. It is part of a broader legal battle over the limits of presidential power, the independence of federal prosecutors and the Senate’s constitutional authority over key Justice Department appointments.
Source: nytimes
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