Ninth Circuit Limits Trump DOJ Use Of Interim U.S. Attorneys
The Ninth Circuit on Monday, August 17, 2026, upheld a lower-court order disqualifying Sigal Chattah as U.S. attorney in Nevada, blocking the Justice Department's interim-appointment strategy.[1]
Judge Eric D. Miller wrote that the attorney general may not create a de facto acting U.S. attorney by delegating all functions and duties to an unconfirmed official.[1] The Trump administration said it will appeal the decision to the U.S. Supreme Court.[1]
In December 2025, the Third Circuit found that Alina Habba's service as U.S. attorney in New Jersey was unlawful under a similar interim-appointment strategy.[1] That ruling set a legal backdrop for the Nevada challenge and helped shape the Ninth Circuit's analysis.[1]
The administration nominated George Kelesis as the permanent U.S. attorney for Nevada in February 2026, but the Senate has not yet confirmed him.[1] The ruling could constrain the Justice Department's ability to keep U.S. attorney offices led by unconfirmed officials while nominations stall.[1]
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📌 Key Facts
- On Monday, August 17, 2026, the Ninth Circuit upheld a lower-court order disqualifying Sigal Chattah as U.S. attorney in Nevada.
- Judge Eric D. Miller’s opinion held the attorney general may not create a de facto acting U.S. attorney by delegating all functions and duties to an unconfirmed official.
- The ruling follows a December 2025 Third Circuit decision finding Alina Habba’s service as U.S. attorney in New Jersey unlawful under a similar interim-appointment strategy.
- The Trump administration announced it will appeal the Ninth Circuit’s decision to the U.S. Supreme Court.
- The administration nominated George Kelesis as permanent U.S. attorney for Nevada in February 2026, but the Senate has not yet confirmed him.
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