A federal appeals court upheld a ruling Monday disqualifying Sigal Chattah from serving as acting U.S. Attorney for the District of Nevada, dealing another setback to the Trump Administration’s efforts to keep preferred federal prosecutors in place without confirmation from the Senate.
Chattah was appointed interim U.S. Attorney for the district in April 2025. Just before the end of that 120-day period in July, she resigned and was designated first assistant in Nevada. The first assistant to a vacant office can generally serve as its acting official under the Federal Vacancies Reform Act (FVRA) of 1998. In effect, the move blocked Nevada judges from replacing her with a new interim U.S. Attorney.
Monday’s opinion, written by Judge Eric Miller, who was appointed by President Donald Trump, held that the rule “applies only to a first assistant who held that position at the time the vacancy arose; it does not apply to a first assistant who never served under a validly appointed official.”
The Trump Administration now plans to take the dispute to the Supreme Court.
“We disagree with the 9th Circuit’s decision and we plan to appeal this decision to the Supreme Court,” a spokesperson for the Justice Department told TIME.
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Chattah’s path to the appeals court
Monday’s ruling upholds an order from September 2025, in which a federal judge disqualified Chattah from supervising three cases in the district and serving as the acting U.S. Attorney. The order found that “the procedure used by the government to appoint Ms. Chattah was never intended by Congress.”
The dispute followed a series of leadership changes in the office. Jason Frierson resigned as the U.S. Attorney for the District of Nevada in January 2025, and First Assistant Sue Fahami automatically became the acting replacement, in line with the FVRA.
Chattah was then appointed for a 120-day interim period in April. That appointment was due to expire in late July 2025. However, she resigned from the position one day before it would have ended. Attorney General Pam Bondi then designated Chattah first assistant U.S. attorney, asserting that the move allowed her to continue leading the office as acting U.S. Attorney under the FVRA. The move prevented the federal district court from making its own interim appointment, who would have been able to serve until a new candidate was presidentially appointed and confirmed by the Senate.
“Rinse and repeat: The law is the only thing that makes all people equal,” said Chattah on social media following the move.
In the 2025 ruling disqualifying Chattah, Judge David Campbell established that under federal law, the U.S. District Court for the District of Nevada could have appointed its own interim U.S. Attorney after Chattah. Instead, Campbell ruled that such “procedure was not followed” by the Trump Administration.
Nevada senators renew criticism of Chattah
Before joining the U.S. Attorney's Office, Chattah served as Nevada's Republican National Committeewoman. Her appointment as acting U.S. attorney for Nevada last year was criticized by Democratic senators.
Sen. Catherine Cortez Masto described Chattah on social media as “an election denier who has advocated for political violence, suggested she would target her political enemies, and offered full support to many of [President] Trump’s blatantly illegal actions in office.”
Sen. Jacky Rosen alleged on X that “Sigal Chattah is an extremist with a record of violent rhetoric who is deeply unfit for this role.”
Both lawmakers praised Monday’s ruling.
“It’s past time for her to vacate the position and leave the U.S. Attorney's office once and for all,” Rosen posted on X.