A federal judge disqualified Nevada acting U.S. Attorney Sigal Chattah from several cases after concluding Tuesday that the Trump appointee has stayed in the temporary job longer than allowed by law.
U.S. District Judge David G. Campbell disqualified Chattah from supervising four criminal prosecutions, siding with defense lawyers who argued that her authority expired in July and she is serving unlawfully.
Campbell ordered government attorneys on the cases to tell the court within seven days that Chattah is not directing their work. He did not dismiss the indictments, however.
"Given the Court's conclusion that Ms. Chattah is not validly serving as Acting U.S. Attorney, her involvement in these cases would be unlawful," Campbell said in his ruling.
A phone call seeking comment was not answered Tuesday night by Chattah's office, and the Department of Justice did not immediately respond to an emailed request.
It was the second setback in recent weeks for the administration's effort to extend handpicked acting U.S. attorneys beyond the 120-day limit set by federal law, something it also sought to do for California and New Jersey.
A judge reached the same conclusion in August about the acting U.S. attorney in New Jersey, Alina Habba, ruling that a "novel series of legal and personnel moves" by the government was improper.
Under federal law, if a permanent U.S. attorney is not nominated by the president and confirmed by the Senate within 120 days, judges of the federal district court can appoint an interim until the vacancy is filled, Campbell wrote in his ruling. Chattah's continued appointment as acting U.S. attorney violated that statute, he said.
Campbell took aim at the administration's strategy of using a string of temporary appointments to allow Trump's candidates to bypass the usual requirement that U.S. attorneys be confirmed by the Senate - something that generally requires a degree of bipartisan support.
He pointed to the Federal Vacancies Reform Act of 1998, which Congress passed specifically to regulate the temporary filling of executive branch vacancies that require presidential appointment and Senate confirmation.
"The procedure used by the government to appoint Ms. Chattah was never intended by Congress," Campbell wrote.
Chattah, a conservative lawyer, drew opposition from Nevada's Democratic senators, Catherine Cortez Masto and Jacky Rosen. Both vowed to block her if the administration sought to make her appointment permanent, calling her an election denier who has advocated for political violence and supported illegal actions by Trump in office.
Chattah previously represented Nevada churches that challenged the state's COVID-19 restrictions, arguing that they violated First Amendment rights by treating churches differently than casinos or other secular businesses. She ran for state attorney general in 2022 but lost to Aaron Ford, a Democrat. Chattah also represented one of six Nevada Republican Party members accused of submitting certificates to Congress falsely declaring Donald Trump the winner of the 2020 presidential election in the state.
The appointment of Trump loyalists to the Department of Justice has also deepened concerns that the agency, under Attorney General Pam Bondi, is being weaponized in pursuit of investigations and now prosecutions of people the president regards as political enemies.
Last Thursday former FBI Director James Comey was charged with lying to Congress in a criminal case filed days after Trump appeared to urge his attorney general to prosecute him.
Trump has also pushed the department to prosecute New York Attorney General Letitia James, who successfully sued him for fraud. That pressure led to the resignation of a top federal prosecutor in Virginia.
U.S. District Judge David G. Campbell disqualified Chattah from supervising four criminal prosecutions, siding with defense lawyers who argued that her authority expired in July and she is serving unlawfully.
Campbell ordered government attorneys on the cases to tell the court within seven days that Chattah is not directing their work. He did not dismiss the indictments, however.
"Given the Court's conclusion that Ms. Chattah is not validly serving as Acting U.S. Attorney, her involvement in these cases would be unlawful," Campbell said in his ruling.
A phone call seeking comment was not answered Tuesday night by Chattah's office, and the Department of Justice did not immediately respond to an emailed request.
It was the second setback in recent weeks for the administration's effort to extend handpicked acting U.S. attorneys beyond the 120-day limit set by federal law, something it also sought to do for California and New Jersey.
A judge reached the same conclusion in August about the acting U.S. attorney in New Jersey, Alina Habba, ruling that a "novel series of legal and personnel moves" by the government was improper.
Under federal law, if a permanent U.S. attorney is not nominated by the president and confirmed by the Senate within 120 days, judges of the federal district court can appoint an interim until the vacancy is filled, Campbell wrote in his ruling. Chattah's continued appointment as acting U.S. attorney violated that statute, he said.
Campbell took aim at the administration's strategy of using a string of temporary appointments to allow Trump's candidates to bypass the usual requirement that U.S. attorneys be confirmed by the Senate - something that generally requires a degree of bipartisan support.
He pointed to the Federal Vacancies Reform Act of 1998, which Congress passed specifically to regulate the temporary filling of executive branch vacancies that require presidential appointment and Senate confirmation.
"The procedure used by the government to appoint Ms. Chattah was never intended by Congress," Campbell wrote.
Chattah, a conservative lawyer, drew opposition from Nevada's Democratic senators, Catherine Cortez Masto and Jacky Rosen. Both vowed to block her if the administration sought to make her appointment permanent, calling her an election denier who has advocated for political violence and supported illegal actions by Trump in office.
Chattah previously represented Nevada churches that challenged the state's COVID-19 restrictions, arguing that they violated First Amendment rights by treating churches differently than casinos or other secular businesses. She ran for state attorney general in 2022 but lost to Aaron Ford, a Democrat. Chattah also represented one of six Nevada Republican Party members accused of submitting certificates to Congress falsely declaring Donald Trump the winner of the 2020 presidential election in the state.
The appointment of Trump loyalists to the Department of Justice has also deepened concerns that the agency, under Attorney General Pam Bondi, is being weaponized in pursuit of investigations and now prosecutions of people the president regards as political enemies.
Last Thursday former FBI Director James Comey was charged with lying to Congress in a criminal case filed days after Trump appeared to urge his attorney general to prosecute him.
Trump has also pushed the department to prosecute New York Attorney General Letitia James, who successfully sued him for fraud. That pressure led to the resignation of a top federal prosecutor in Virginia.
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