Overview
- The Ninth Circuit issued a unanimous decision on Monday, August 17, 2026, affirming a lower court order that disqualified Sigal Chattah from serving as Nevada’s acting U.S. attorney and from supervising three criminal prosecutions.
- Judges found the Justice Department violated the Federal Vacancies Reform Act by having then-Attorney General Pam Bondi name Chattah “first assistant” after her 120-day interim term expired, a maneuver the court said cannot be used to extend acting service without Senate confirmation.
- The appeals court left the underlying indictments in place because it said it lacked jurisdiction to void them, but its decision creates immediate procedural uncertainty for defendants and trial schedules who can press further challenges in district court.
- The Department of Justice has said it will seek Supreme Court review of the ruling, and the White House nominee George Kelesis remains awaiting Senate confirmation to fill the permanent U.S. attorney post in Nevada.
- The decision fits a pattern of federal courts across multiple districts striking down similar first-assistant workarounds, raising broader questions about executive staffing power, the Senate’s confirmation role, and how prosecutions are supervised during vacancies.