Acting U.S. Attorney Plan Implodes

A unanimous federal appeals court said Nevada’s top federal prosecutor was serving unlawfully, undercutting the Justice Department’s maneuver to bypass Senate confirmation.

Story Snapshot

The Ninth Circuit said Sigal Chattah was not lawfully acting U.S. Attorney for Nevada.
Judges rejected using a late “first assistant” label to claim automatic acting status.
The ruling affirms a district court order removing Chattah from supervising several cases.
The Justice Department argued both a Vacancies Act path and a delegation fallback.

What the Court Decided and Why It Matters

On August 17, a three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled that the Attorney General could not make Sigal Chattah the Acting United States Attorney in Nevada by naming her “first assistant” after the office was already vacant. The panel said the Federal Vacancies Reform Act’s automatic rule applies only to the person who is first assistant when the vacancy begins, not to someone designated later. The court affirmed removal of Chattah from supervising several prosecutions.

The judges also addressed the Justice Department’s backup theory. The Department said the Attorney General could delegate a United States Attorney’s powers to Chattah through special-attorney authority. The panel rejected that move as a way to create a de facto acting United States Attorney without following the law’s limits on temporary service. The court focused on the plain text of the statute and the risk of gutting the confirmation process if workarounds stand.

How We Got Here: The Appointment Maneuver

After her interim tenure neared its end, Chattah resigned and then was brought back as a special attorney and named first assistant. The Justice Department argued that this step let her become acting United States Attorney under the Federal Vacancies Reform Act and continue leading the office. The Ninth Circuit read the law to bar that path because the first assistant must already hold that role when the vacancy opens. The court’s reading followed a strict, text-first approach.

Public Justice Department pages listed Chattah as First Assistant United States Attorney and Special Attorney to the Attorney General, matching the government’s stance that her role was proper. Defense lawyers in several cases challenged that position and asked courts to block her from supervising. A federal district judge agreed and disqualified her from oversight in certain prosecutions. The Ninth Circuit affirmed that order and set a clear rule for future cases in the circuit.

Why Both Sides Should Care

The decision hits concerns shared across the aisle. The court said no one can sidestep Senate confirmation by changing titles after a vacancy starts. Many conservatives dislike unelected power. Many liberals fear political loyalists running prosecutions. Both see risk when rules bend for insiders. The ruling tells Washington that laws limiting temporary appointments still have teeth. It also guards a core check: the Senate’s role in vetting top federal prosecutors.

NINTH CIRCUIT SLAPS DOWN TRUMP DOJ: Judges Rule Sigal Chattah Is UNLAWFULLY Serving as Nevada’s Acting U.S. Attorney https://t.co/Xika3wXBED #gatewaypundit via @gatewaypundit AG should sack everybody in the Nevada office, let the 9th Circus suck on that!

— Libertas (@LibertasVivet) August 18, 2026

This case also fits a wider trend. Other courts have pushed back on similar acting-appointment moves at United States Attorney offices and beyond. These fights repeat because leaders want speed and control, while challengers push to enforce the Vacancies Act. The Ninth Circuit’s opinion adds weight to decisions that read the law strictly. Agencies now face a higher bar to keep preferred leaders in place without sending names to the Senate for a vote.

What Happens Next in Nevada

The Justice Department can keep prosecuting cases. Line prosecutors and career staff can proceed under lawful supervision. The ruling only blocks Chattah from acting as the office leader or supervising the named cases. The Department can ask the full Ninth Circuit to rehear the case or seek Supreme Court review. The safer route is to nominate a United States Attorney and seek Senate confirmation, which would clear doubts and restore stability.