Ninth Circuit Voids Sigal Chattah's Nevada Prosecutor Role in 3 Cases

Q: If a top federal prosecutor's appointment was ruled illegal, what happens to the active criminal cases she oversaw in Nevada?

The active Nevada criminal cases do not automatically collapse. The Ninth Circuit upheld the order barring Sigal Chattah from supervising prosecutions as acting U.S. attorney, but it did not throw out the indictments in the three test cases and said it lacked jurisdiction to decide that remedy on this appeal. In practical terms, the prosecutions can continue under a lawfully authorized official, such as another supervisor in the U.S. attorney’s office or a properly appointed U.S. attorney. The ruling is aimed at who may lead and supervise the office, not at automatically voiding every case filed during Chattah’s tenure. That said, defendants can still try to challenge indictments or other actions in district court. The appeals panel made clear that the appointment problem and the remedy are separate questions. So dismissal is not off the table as a legal argument, but it is not the result the Ninth Circuit ordered here. The immediate effect is narrower: Chattah cannot act as the office’s top prosecutor through the appointment method the court found unlawful, and the Justice Department must rely on a valid official to oversee pending cases. Courts will likely examine any case-specific challenge based on whether Chattah personally exercised authority in a way that affected the prosecution and what remedy, if any, is legally appropriate.

3 articles · Updated · Fox News · Aug 18

A unanimous three-judge Ninth Circuit panel upheld an order disqualifying Sigal Chattah from leading Nevada's U.S. attorney's office and from supervising three criminal prosecutions.
The court said DOJ could not keep Chattah in charge after her 120-day interim term expired by naming her first assistant and delegating the office's powers to her.
Judge Eric Miller wrote that the Federal Vacancies Reform Act lets a first assistant automatically become acting U.S. attorney only if that person held the post when the vacancy arose; the panel rejected DOJ's delegation fallback as well.
The ruling affirms a September district court decision and adds to setbacks for the Trump administration's use of temporary appointees without Senate confirmation; Trump instead nominated George Kelesis for the permanent Nevada post in February 2026.