Overview
- A unanimous three-judge Ninth Circuit panel on Monday affirmed that Sigal Chattah was not lawfully installed and disqualified her from supervising three Nevada prosecutions because the appointment scheme violated the Federal Vacancies Reform Act.
- The court rejected the Justice Department's fallback argument that the attorney general could simply delegate full U.S. attorney powers to Chattah as a legal workaround for the expired interim appointment.
- The panel explained the FVRA does not allow the executive to fill an existing vacancy by designating a new first assistant who was not already serving when the vacancy arose.
- The court left the underlying indictments in place because line prosecutors who signed the charging documents drew authority directly from the attorney general rather than from Chattah.
- The decision follows similar rulings in multiple circuits and could increase legal and operational uncertainty for pending cases while the administration pursues Senate confirmation of nominee George Kelesis.