Court Asked to Keep Chattah Out as Nevada Prosecutor

Attorneys for three indicted men urge the Supreme Court to uphold the disqualification of Sigal Chattah as U.S. Attorney in Nevada.

Updated on Nov. 5, 2026 in Criminal Justice

Court Asked to Keep Chattah Out as Nevada Prosecutor

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Attorneys for three men indicted in Nevada asked the U.S. Supreme Court to keep Sigal Chattah disqualified as U.S. Attorney, after the Solicitor General petitioned the court to review her disqualification. Chattah was disqualified by a lower court, which declined to dismiss the indictments, and the 9th Circuit affirmed.

Why it matters

The dispute centers on whether federal law allows an interim official to be replaced by redesignating a new first assistant to keep serving past the statutory limit. The outcome could shape how U.S. Attorney vacancies are filled, including during the next presidential transition.

The Solicitor General's 33-page petition for certiorari is pending before the Supreme Court, and challengers have filed a 47-page brief urging the court to keep Chattah disqualified. Whether the justices will hear the case has not yet been determined.

The players

Sigal Chattah

Chattah is a former interim U.S. Attorney for Nevada whose disqualification is at the center of the dispute over federal vacancy law.

D. John Sauer

Sauer is the U.S. Solicitor General who petitioned the Supreme Court to review Chattah's disqualification on behalf of the federal government.

The details

Chattah was appointed to an interim role as top federal prosecutor in Nevada in March 2025, but the Federal Vacancies Reform Act limits such service to 120 days. She resigned two days before her term expired and was designated first assistant U.S. attorney, a maneuver federal public defenders challenged in September 2025 on behalf of Devonte Jackson, Shamar Garcia and Giann Salazar Del Real. The challengers argue the law permits service of up to two and a half years and that roughly 40 other statutes can fill vacancies temporarily, and they note that no circuit split exists on the question.

March 2025: Chattah is appointed to an interim top federal prosecutor role in Nevada.
September 2025: Federal public defenders challenge Chattah's authority in court.
November 4, 2026: Challengers file their brief urging the Supreme Court to keep Chattah disqualified.

Legal Context

The dispute turns on the Federal Vacancies Reform Act, which caps interim service at 120 days, and it follows similar court-ordered disqualifications of officials in New Jersey and New York. Every other court of appeals that has addressed similar maneuvers has reached the same conclusion as the 9th Circuit.

The ruling could determine whether defendants in federal cases can challenge the authority of prosecutors who serve past the statutory limit. Residents facing federal charges may see their cases affected depending on how the Supreme Court resolves the question.

The takeaway

Federal prosecutor appointments depend on strict statutory limits, and courts have consistently enforced them. Anyone following federal criminal cases should watch whether the Supreme Court agrees to hear this dispute.