A judge barred the Trump-appointed U.S. attorney in Nevada from overseeing several criminal cases Tuesday, ruling that she is “not validly serving” as the state’s top federal prosecutor.
U.S. District Judge David G. Campbell disqualified Sigal Chattah from supervising four criminal prosecutions, siding with defense lawyers who argued that her authority expired in July and that she is serving unlawfully. Campbell ordered government attorneys on the cases to inform the court within seven days that Chattah is not directing their work. However, he did not dismiss the indictments.
This ruling marks the second setback in recent weeks for the administration’s effort to extend handpicked acting U.S. attorneys beyond the 120-day limit set by federal law. Similar attempts were made in California and New Jersey. In August, a judge reached the same conclusion about the acting U.S. attorney in New Jersey, Alina Habba, ruling that a “novel series of legal and personnel moves” by the government was improper.
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 attorney until the vacancy is filled, Campbell explained in his ruling. Chattah’s continued appointment as acting U.S. attorney violated that statute, he said.
Campbell criticized the administration’s strategy of using a string of temporary appointments to allow Trump’s candidates to bypass the usual Senate confirmation process — a process that generally requires bipartisan support.
Chattah, a conservative lawyer, faced opposition from Nevada’s Democratic senators, Catherine Cortez Masto and Jacky Rosen.
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