Judicial setback for Trump: Nevada Republican prosecutor overruled, removed from four cases

Nevada's acting federal prosecutor, Sigal Chattah, was disqualified Tuesday from overseeing or intervening in criminal cases after federal Judge David G. Campbell concluded she was "not validly serving as acting U.S. attorney" and that her participation "would be unlawful."

The ruling responds to challenges raised in four cases and points to the route employed by the Trump Administration to extend Chattah's tenure as prosecutor.

Following her appointment as acting U.S. attorney, a term that usually lasts 120 days, the federal government changed the legal basis in late July to officially name her "acting," bypassing regular Senate confirmation or substitute appointment by local judges.

"The procedure used by the government to appoint Ms. Chattah was never intended by Congress," the ruling reads.

Campbell—an Arizona District Judge temporarily assigned to the case in Nevada—further ordered the prosecutors in charge to file, within seven days, briefs certifying that they are not being supervised by Chattah in the four disputed cases.

While rebuking the government and overruling Chattah, the judge did not quash the indictments or close the proceedings reached by the appeals, but he did cut off the chain of command.

At last week's hearing in Las Vegas, the defense moved to dismiss four cases stemming from the appointment, including one against an undocumented immigrant on drug and gun charges and another against a convicted felon charged with carrying a firearm. The prosecution countered that "the defendants have suffered no harm whatsoever" and stressed that the indictments were signed by staff prosecutors, not Chattah. The prosecution argued that the lack of a legitimately appointed incumbent puts all proceedings following the July change of status at risk.

The Nevada ruling fits into a pattern under judicial scrutiny. In August, a New Jersey court reached a similar conclusion regarding "acting" prosecutor Alina Habba; disqualification was deferred pending appeal. In Southern California, the public defender's office was also questioned in similar terms about the status of Bill Essayli, who kept "acting" after his interim term expired.

Chattah, a Republican activist and former party lawyer in the state, was a candidate—unsuccessfully—for attorney general in 2022. She is an ally of President Donald Trump. Once in office, she announced that she would "review election cases" and that a broad inquiry into elections was being prepared. Her office declined to comment on the ruling at this time.