Appeals court rules Trump admin unlawfully tapped as Nevada top prosecutor
Key Points:
- A Ninth Circuit Court of Appeals panel upheld a ruling disqualifying Sigal Chattah from serving as the top federal prosecutor in Nevada, finding her appointment methods invalid after her interim term expired.
- The court ruled that Chattah's designation as first assistant U.S. attorney after her interim term ended did not lawfully allow her to serve as acting U.S. attorney under the Federal Vacancies Reform Act, rejecting the Justice Department's arguments.
- The ruling prevents Chattah from supervising prosecutions in three criminal cases and marks a setback for the Justice Department's attempts to keep temporary appointees in top federal prosecutor roles without Senate confirmation.
- This decision follows similar legal challenges to temporary U.S. attorney appointments, including a recent Third Circuit ruling disqualifying Alina Habba in New Jersey, amid ongoing controversy over Senate confirmation processes.
- Former Attorney General Pam Bondi's designation of Chattah as first assistant and special attorney was central to the dispute, with the court emphasizing that the Attorney General cannot create an acting U.S. attorney by delegating duties without proper appointment.