Federal Judge Disqualifies US Attorney From Multiple Cases in Nevada

The judge ordered government attorneys on the cases to confirm with the court within seven days that Sigal Chattah is no longer directing their work.

A judge's gavel rests on top of a desk in a courtroom in Miami, Fla., on Feb. 3, 2009. Joe Raedle/Getty Images

A federal judge on Tuesday disqualified acting U.S. attorney in Nevada, Sigal Chattah, from several felony cases and declared that her appointment by the Trump administration was not valid.

In an order, U.S. District Judge David G. Campbell sided with defense lawyers who had argued that Chattah’s authority expired in July.

The judge then ordered government attorneys on the cases to confirm with the court within seven days that Chattah, the former chair of the Nevada GOP, is no longer directing their work in the U.S. attorney’s office.

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.

Campbell said that the Federal Vacancies Reform Act of 1998 is a “carefully crafted assertion” of congressional power and that its “purpose would be defeated if the Executive Branch—the very branch Congress was trying to constrain—could choose whomever it wanted, whenever it wanted, and fill the vacancy simply by declaring that person to be first assistant.”

“The procedure used by the government to appoint Ms. Chattah was never intended by Congress,” Campbell added.

In an attempt to block Chattah from serving in her role, the Nevada Federal Public Defender filed a motion in September challenging an indictment brought by her office after her term expired.

“The Court should dismiss the indictment; at a minimum, it should disqualify Ms. Chattah from this prosecution, as well as attorneys operating under her direction; and the judges of this district should exercise their authority to appoint a proper interim U.S. Attorney,” the defender argued.

Campbell did not dismiss the indictment.

During her confirmation process, Chattah drew opposition from Sens. Catherine Cortez Masto (D-Nev.) and Jacky Rosen (D-Nev.). 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.

“By bypassing the Senate and naming Sigal Chattah as an ‘acting’ U.S. attorney, it’s clear the Trump administration knows Ms. Chattah is unconfirmable,” Cortez Masto said in a statement in July. “This unprecedented maneuver sets a dangerous standard and risks holding up critical criminal cases just so that President Trump can play political games.”

The Epoch Times contacted the Department of Justice for comment following the judge’s order.

Earlier this month, federal prosecutors told the Las Vegas Review-Journal that Chattah is “validly serving” and “she would be fully authorized, by delegation, to supervise criminal prosecutions in Nevada” because the U.S. attorney general gave her a separate title.

In August, a judge ruled that Alina Habba, a former personal lawyer to Trump who was appointed as the acting U.S. attorney for New Jersey, was unlawfully serving in her role.

U.S. District Judge Matthew Brann wrote that Habba’s role had been “perpetuated” through “a novel series of legal and personnel moves” and that she had not been “lawfully holding the office of United States Attorney.”  The DOJ has appealed.

The Associated Press contributed to this report.