Sigal Chattah isn’t validly serving as Nevada’s acting US attorney, a federal judge ruled, in another rebuke to the Trump administration’s authority for keeping top federal prosecutors without deference to local leaders.
“The procedure used by the government to appoint Ms. Chattah was never intended by Congress,” Judge David G. Campbell said in a Tuesday order for the US District Court for the District of Nevada.
The Attorney General cannot under the Federal Vacancies Reform Act designate Chattah as a first assistant in order to select her as an acting US attorney, said Campbell, an appointee of former President George W. Bush, who is a senior US District Judge for the District of Arizona.
The order follows the case of Alina Habba, who was found ineligible to serve as acting US attorney in New Jersey in August, saying the court there also rejected arguments “that Congress intended to grant Attorney General broad power to choose whomever she wants whenever she wants.”
Other challenges to acting US attorneys are pending, including for Bill Essayli, of the Central District of California.
Campbell also declined motions to dismiss the cases where attorneys challenged Chattah’s appointment, finding the assistant US attorneys handling the cases have power separate from the US attorney at the helm of their district.
“It is not enough merely to assert the U.S. Attorney is not validly appointed; Defendants must show that this fact somehow affects the fairness of the proceedings against them,” Campbell said. “They have not done so.”
The case is USA v. Jackson, D. Nev., No. 2:25-cr-00240, 9/30/25.
(Adds information about previous court order and Judge Campbell)
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