A judge ruled Tuesday that the top federal prosecutor in Nevada is not serving legally in the role — marking the second time that a judge has partially sidelined one of the Trump administration’s prosecutors.
Sigal Chattah was named interim U.S. attorney for the district of Nevada in March, a temporary appointment that’s legally limited to 120 days. But in July, shortly before that time limit ran out, the Justice Department shifted Chattah to a different job that would allow her to serve as acting U.S. attorney — a separate role that would still let Chattah lead the office.
A group of four criminal defendants argued that this maneuver resulted in Chattah serving as acting U.S. attorney for Nevada illegally. In a ruling Tuesday, U.S. District Judge David Campbell sided with the defendants and barred Chattah from supervising their cases. He declined to dismiss their indictments altogether.
Under the Federal Vacancies Reform Act, if the position of U.S. attorney — a Senate-confirmed post that oversees prosecutions in a court district — becomes vacant, it is supposed to be filled automatically by the first assistant U.S. attorney, who is typically a top career prosecutor. Campbell ruled Tuesday that the Justice Department wasn’t legally allowed to shift Chattah to the role of first assistant U.S. attorney in order to have her take on the acting job.
“The Court cannot accept the government’s assertion that the Attorney General has power to designate anyone she chooses as first assistant and have that person become the acting U.S. Attorney,” the judge wrote in a 32-page ruling. “The [Federal Vacancies Reform Act] was enacted to put an end to precisely such Executive actions.”
Campbell also ruled that the Justice Department can’t delegate the responsibility of overseeing criminal cases to Chattah even if she doesn’t officially hold the job: “The Court cannot conclude that Ms. Chattah’s role is anything less than Acting U.S. Attorney, a position she cannot hold.”
CBS News has reached out to the Justice Department for comment.
The ruling came weeks after another judge ruled on slightly different grounds that President Trump’s former personal lawyer Alina Habba was serving illegally as acting U.S. attorney for New Jersey, removing her from a handful of criminal cases.
In several states, including California and New York, the Trump administration has sought to keep federal prosecutors in temporary roles for months. Critics have accused the administration of trying to sidestep the Senate and the judiciary.
Joe Walsh
