Appeals court says Trump-appointed US attorney in Nevada can’t legally serve in the role

LAS VEGAS (AP) — An appeals court has ruled that Sigal Chattah, the Trump administration’s initial pick for U.S. attorney in Nevada, was unlawfully appointed to lead federal prosecutions in the state.

The decision Monday by the 9th U.S. Circuit Court of Appeals marked another setback for Trump’s efforts to extend handpicked U.S. attorneys beyond a 120-day limit set by federal law. The strategy was designed to bypass confirmation by the U.S. Senate — something that generally requires a degree of bipartisan support.

Chattah has continued in the office under the title of first assistant U.S. attorney since a lower-court judge paused a ruling disqualifying her from overseeing several criminal prosecutions while the appeals process took place.

Earlier this year, the White House selected George Kelesis as a replacement, but he must still go through the Senate’s nomination process. Kelesis, a Las Vegas native, has been practicing law in the Silver State since 1981.

The administration’s decision to nominate Kelesis in February signaled its uncertainty regarding Chattah’s long-term position in the role after setbacks in similar cases across the country.

A longtime conservative attorney in Nevada, Chattah was appointed interim U.S. attorney in 2025 but never received Senate approval after staunch opposition from Nevada’s Democratic senators. Calling Chattah an extremist and an election denier, they vowed to block her if the administration sought to make the appointment permanent.

The Trump administration had maintained that Chattah was validly serving as the acting U.S. attorney and that she could continue to serve while Kelesis goes through the nomination process. Tyler Lee, an attorney for the U.S. Department of Justice, wrote to the appeals court that Chattah could also serve for 210 days after the nomination process concludes, if it results in a rejection, a withdrawal or a return of the nomination.

The day before her term was set to expire in July 2025, Chattah resigned. That same day, then-Attorney General Pam Bondi appointed her first assistant U.S. attorney and said she had the authority to serve as acting U.S. attorney.

The administration attempted a similar maneuver for prosecutors Bill Essayli in California and Alina Habba in New Jersey. Courts ruled against it in both cases. Habba resigned in December after an appeals court decision went against her. In California, Essayli is still effectively acting as the top prosecutor with the title of first assistant U.S. attorney.

Four people in Nevada who Chattah’s office indicted on felony counts argued that Chattah was illegally serving in the role and sought either to have their cases dismissed or to have Chattah and lawyers working under her barred from the prosecution.

U.S. District Judge David Campbell disqualified Chattah from the cases last fall, saying she stayed in the temporary job longer than allowed by law. However, he stayed that ruling while the Department of Justice appealed.

Chattah, a former member of the Republican National Committee, has echoed Trump’s baseless claims that the 2020 election was stolen. She represented one of six Nevada Republicans who attempted to preserve their right to challenge the official election by submitting certificates to Congress declaring Trump the winner of the state’s presidential vote that year. Kelesis also represents one of the Republicans in the case.

Nevada Judge Mary Kay Holthus recently dismissed Democratic Attorney General Aaron Ford’s case against the six Republicans, marking the latest so-called fake electors case to be dismissed. The judge found there was insufficient evidence to show the electors intended to deceive government officials.

Democratic Sen. Catherine Cortez Masto and Jacky Rosen have met with Kelesis and are reviewing his nomination.

Kelesis’ expertise is in civil and criminal tax litigation. He serves as president of the Nevada Tax Commission and has been an adjunct professor at the University of Nevada Las Vegas’ law school.