Appeals Court Rules Trump-Appointed Nevada US Attorney Illegally Serving, Violates Federal Law

Chicago – August 18, 2026

A federal appeals court has ruled that Sigal Chattah, the Trump administration’s pick for U.S. attorney in Nevada, was unlawfully appointed and cannot legally serve in the role, marking another setback for the administration’s efforts to bypass Senate confirmation.

Court’s Unanimous Decision

The 9th U.S. Circuit Court of Appeals issued a unanimous 3-0 ruling on Monday, affirming that Chattah’s continued leadership of Nevada’s U.S. Attorney’s Office violated the Federal Vacancies Reform Act. The court held that the Attorney General cannot make someone acting U.S. attorney simply by designating them as “first assistant” to an already-vacant office, nor can they delegate all U.S. attorney functions to create a “de facto” acting attorney.

Background and Implications

Chattah, a former Nevada Republican National Committeewoman, was initially appointed in late March 2025 for a 120-day interim term. When that term neared expiration, the Justice Department reappointed her as first assistant U.S. attorney, attempting to extend her tenure without Senate approval. The appeals court rejected this maneuver as “strained” and “unpersuasive,” calling the law “unambiguous.”

While disqualifying Chattah from supervising prosecutions in three criminal cases, the court left the indictments intact, noting it lacked jurisdiction to nullify them entirely. The Trump administration may appeal to the U.S. Supreme Court.