A three-judge panel of the Ninth Circuit Court of Appeals ruled Monday that Sigal Chattah is not lawfully serving as Nevada’s Acting U.S. Attorney, holding that the Trump administration cannot bypass federal vacancy limits by naming her first assistant after the vacancy arose or by simply delegating her all the powers of the office.
The controversy began when Nevada U.S. Attorney Jason Frierson resigned on January 17, 2025. Under the Federal Vacancies Reform Act, then-First Assistant U.S. Attorney Sue Fahami automatically became acting U.S. attorney.
Two months later, Bondi used 28 U.S.C. § 546 to appoint Chattah as interim U.S. attorney, allowing the attorney general to fill the position temporarily. That appointment was limited to 120 days and was scheduled to expire on July 30.
But on July 28, just two days before the clock ran out, Chattah resigned as interim U.S. attorney. Bondi immediately named her first assistant U.S. attorney and asserted that the new position allowed Chattah to continue leading the office as acting U.S. attorney.
Bondi also appointed her a Special Attorney under 28 U.S.C. § 515 and authorized her to conduct any legal proceedings U.S. Attorneys are authorized to conduct.
Anti-Trump prosecutors immediately filed motions to disqualify Chattah, claiming this maneuver to leapfrog to an “Acting US Attorney” role was unlawful.
In September 2025, US District Judge David G. Campbell, a George W. Bush appointee, said in a 32-page ruling that Chattah is “improperly serving” in her role as Acting US Attorney.
Judge Campbell did not dismiss the indictments but disqualified Chattah from participating in or supervising the cases, concluding she was not lawfully Acting U.S. Attorney and could not exercise the full powers of the office by delegation.
“Ms. Chattah is disqualified from supervising these cases or any attorneys in the handling of these cases,” Judge Campbell wrote.
The Ninth Circuit agreed.
The unanimous decision, written by Trump-appointed Judge Eric Miller and joined by fellow Trump appointee Stanley Blumenfeld and Clinton appointee Sidney Thomas, affirms a lower court order disqualifying Chattah from supervising certain criminal prosecutions.
“These cases present the question whether the Attorney General can make someone an Acting United States Attorney — bypassing the usual requirement that a U.S. Attorney be confirmed by the Senate — by designating that person as the first assistant to an already-vacant office of U.S. Attorney,” the panel wrote. “We hold that the Attorney General cannot do so.”
The judges further ruled that the Federal Vacancies Reform Act’s automatic succession provision applies only to a first assistant who already held that position when the vacancy arose. It does not cover someone installed as first assistant after the office was already empty.
They also rejected the idea that the Attorney General can create a de facto Acting U.S. Attorney by handing over every function and duty of the office through delegation.
The Department of Justice has already signaled it disagrees with the ruling and intends to seek Supreme Court review.
Similar challenges have hit other Trump-aligned acting or interim U.S. Attorneys in different districts, as the administration has worked to install prosecutors willing to enforce immigration law, prosecute cartel activity, and prioritize American citizens over the open-borders priorities of the previous era.
Ad block users: Some site features may not work correctly while an ad blocker is enabled, because they break scripts and content this website depends on. If you can’t see comments below, for example, please disable your ad blocker.
