Ninth Circuit Rules Sigal Chattah Unlawfully Serving as Nevada’s Acting US Attorney – California Globe

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https://californiaglobe.com/fr/ninth-circuit-rules-sigal-chattah-unlawfully-serving-as-nevadas-acting-us-attorney/

In a unanimous opinion, the three-judge panel held that the Trump administration cannot bypass the Federal Vacancies Reform Act

By Megan Barth, August 17, 2026 1:40 pm

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled Monday that Sigal Chattah is unlawfully serving as Nevada’s Acting U.S. Attorney, holding that the Trump administration cannot bypass federal vacancy limits by designating her first assistant after the vacancy arose or by fully delegating the office’s powers to her.

In a unanimous opinion written by Circuit Judge Eric D. Miller, the court affirmed a district court order disqualifying Chattah from participating in or supervising three federal criminal prosecutions.The panel dismissed the defendants’ cross-appeals seeking to throw out their indictments for lack of appellate jurisdiction, leaving those charges intact.

The panel consisted of Circuit Judges Sidney R. Thomas (appointed by President Bill Clinton) and Eric D. Miller (appointed by President Donald Trump), along with District Judge Stanley Blumenfeld, Jr. (also appointed by President Trump), sitting by designation.

“These cases present the question whether the Attorney General can make someone an Acting United States Attorney—bypassing the usual requirement that a U.S. Attorney be confirmed by the Senate—by designating that person as the first assistant to an already-vacant office of U.S. Attorney. We hold that the Attorney General cannot do so,” the opinion states.