Judge Gives Government Time to Appeal
A federal judge agreed Thursday to pause his ruling that disqualified Nevada’s acting U.S. Attorney Sigal Chattah from multiple cases, even though he stands by his original decision.
Judge David Campbell wrote that he’s “fully persuaded” his decision was “correct as a matter of law.” He also said prosecutors haven’t shown they’re likely to win on appeal. But he’s giving them a chance anyway.
“The Court still holds that Ms. Chattah has not been validly appointed,” the judge wrote.
“But the Court also recognizes the deference and respect it should have for the Executive Branch.”
The pause will stay in effect while the Ninth Circuit Court of Appeals reviews the case.
How This Started
Back in September, Judge Campbell ruled that Chattah wasn’t legally serving as Nevada’s top federal prosecutor. He said she is “not validly serving as acting U.S. attorney” and her involvement in cases “would be unlawful.”
The problem? The way she got the job.
Chattah first served as interim U.S. Attorney starting in March. That appointment comes with a 120-day limit. When July rolled around and her time was almost up, the Justice Department made her “acting” U.S. Attorney instead.
Judge Campbell, who was appointed by President George W. Bush, said that move violated federal law.
The Ethics Questions
The timing of this case is interesting. Reuters reported that Chattah asked the FBI to investigate debunked Republican claims about voter fraud in the 2020 election.
Here’s where it gets complicated. Until April, Chattah served as a defense lawyer to one of the fake electors charged in connection with the 2020 election. Now she reportedly wants the Justice Department to investigate matters involving her former client.
Richard Painter, who served as the White House chief ethics officer during Republican George W. Bush’s presidency, told Reuters:
“I think the ethics rule is pretty clear that when she’s in the United States Attorney’s Office, she has to recuse from any particular party matter in which she represented a client.”
Why The Senate Matters
Both of Nevada’s Democrat senators opposed Chattah’s appointment from the start. That’s why she was never formally nominated for Senate confirmation.
The Constitution gives the Senate the power to confirm important federal officials. It’s one of those checks and balances we learned about in school. The president nominates. The Senate confirms. Or doesn’t.
When administrations try to work around that process, it raises questions. Not just political questions. Constitutional ones.
What Other Republicans Say
Greg Brower, a former Nevada U.S. attorney who served under both President Bush and President Obama, said prosecutors must be:
“very careful not to appear to be political in any way.”
David Chesnoff, a prominent Las Vegas defense attorney, had a different view. He called Chattah:
“the most accessible United States attorney that I’ve seen in this district in my 40-plus years of practice.”
Similar Cases Elsewhere
This isn’t just happening in Nevada. A federal judge in New Jersey made a similar ruling in August about that state’s acting U.S. Attorney, Alina Habba.
These cases are testing how far any administration can go to keep their people in power without Senate confirmation. It’s a question that goes beyond party politics.
What Happens Next
The Ninth Circuit Court of Appeals will hear the government’s appeal on a fast schedule. Until then, Chattah can keep working, though she can’t supervise the four criminal cases where defendants challenged her appointment.
If the appeals court agrees with Judge Campbell, the administration will have to find another way to fill the position. They could nominate someone for Senate confirmation. Or federal judges in Nevada could appoint their own interim prosecutor.
The Bigger Picture
This case shows why process matters in government. The rules for appointing federal officials exist for a reason. They’re meant to ensure proper oversight and prevent any one branch from having too much power.
Some will say this is about supporting or opposing Chattah personally. Others will make it about party politics. But at its core, this is about whether the rules apply to everyone.
The Senate’s role in confirming federal officials isn’t just tradition. It’s in the Constitution. And that document doesn’t change based on who’s in power.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
