Ninth Circuit Limits Trump DOJ Use Of Interim U.S. Attorneys
A Ninth Circuit three-judge panel on Monday, August 17, 2026, affirmed a lower-court order disqualifying Sigal Chattah from leading the U.S. Attorney's Office for the District of Nevada and barred her from supervising three criminal prosecutions.[1]
The panel held that under the Federal Vacancies Reform Act, a first assistant can become acting U.S. attorney only if that person already held the first-assistant post when the vacancy occurred.[1] The court found that then-Attorney General Pam Bondi's move to have Chattah resign as interim U.S. attorney and then be designated first assistant did not qualify her to serve as acting U.S. attorney.[1] Judge Eric Miller wrote that the attorney general cannot create a de facto acting U.S. attorney by delegating all the functions and duties of the office.[1] The opinion was unanimous and the panel included Judges Eric Miller and Sidney Thomas, with District Judge Stanley Blumenfeld Jr. sitting by designation.[1]
U.S. District Judge David Campbell issued the original disqualification in September 2025, and the Ninth Circuit's decision affirmed that ruling.[1] The ruling was widely framed as a rebuke of the Trump administration's interim-appointment tactics for U.S. attorneys.[2]
The decision narrows the Justice Department's options for filling U.S. attorney vacancies and could complicate or delay prosecutions tied to the office in Nevada.
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📌 Key Facts
- On Monday, August 17, 2026, a Ninth Circuit three-judge panel affirmed U.S. District Judge David Campbell’s September 2025 order disqualifying Sigal Chattah from leading the U.S. Attorney’s Office for the District of Nevada.
- The panel held that under the Federal Vacancies Reform Act, a first assistant can automatically become acting U.S. attorney only if that person already held the first-assistant position when the vacancy occurred.
- The court ruled that then–Attorney General Pam Bondi’s move to have Chattah resign as interim U.S. attorney and then be designated first assistant did not qualify her to serve as acting U.S. attorney.
- Judge Eric Miller wrote that the attorney general cannot create a de facto acting U.S. attorney by delegating all functions and duties of the office to another person; the opinion was unanimous and the panel included Miller, District Judge Stanley Blumenfeld Jr. (sitting by designation) and Circuit Judge Sidney Thomas.
- The decision specifically disqualifies Chattah from supervising prosecutions in three criminal cases that were before the court.
📰 Source Timeline (2)
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- On Monday, August 17, 2026, a Ninth Circuit three-judge panel affirmed U.S. District Judge David Campbell’s September 2025 order disqualifying Sigal Chattah from leading the U.S. Attorney’s Office for the District of Nevada.
- The panel held that under the Federal Vacancies Reform Act, a first assistant can automatically become acting U.S. attorney only if that person already held the first-assistant position when the vacancy occurred.
- The court ruled that then–Attorney General Pam Bondi’s move to have Chattah resign as interim U.S. attorney and then be designated first assistant did not qualify her to serve as acting U.S. attorney.
- Judge Eric Miller wrote that the attorney general cannot create a de facto acting U.S. attorney by delegating all functions and duties of the office to another person.
- The decision specifically disqualifies Chattah from supervising prosecutions in three criminal cases that were before the court.
- The panel was unanimous and included two Trump appointees: Circuit Judge Eric Miller and District Judge Stanley Blumenfeld Jr. sitting by designation, along with Circuit Judge Sidney Thomas.