Left inset: Alina Habba, President Donald Trump”s pick to be the interim U.S. Attorney for New Jersey, arrives to speak with reporters outside the White House, March 26, 2025, in Washington (AP Photo/Mark Schiefelbein, File). Main: Acting U.S. Attorney Sigal Chattah claims in an early August 2025 news interview that those questioning her appointment fear her (KLAS).
An Arizona federal judge sitting by designation in four Nevada criminal cases has “disqualified” acting U.S. Attorney Sigal Chattah from supervising the prosecutions because that “would be unlawful.” It’s the second such decision to go against the Trump administration’s DOJ — and possibly a sign of things to come.
To keep Chattah in place upon the expiration of her 120-day interim term as top federal prosecutor, sidestepping the constitutional mandate for the Senate’s advice and consent over permanent U.S. attorney nominees, U.S. Attorney General Pam Bondi in July deployed a strategy that was used in New Jersey to reappoint Alina Habba, President Donald Trump’s former personal attorney.
Though the specific circumstances differed, both Chattah and Habba resigned before they reached their interim limits, and both were named first assistant U.S. attorneys — normally second in command but, by default here, first in command. The move purportedly cleared the way for them to “perform the functions and duties of the office temporarily in an acting capacity.” Both wrote resignation letters to Bondi saying “I look forward to continuing to lead the U.S. Attorney’s Office.” And both were additionally named a “special attorney” to the AG, giving them the power to act as a U.S. attorney through another means as the office’s supervisor.
The problem for Bondi is that one federal judge recently ruled Habba’s appointment was unlawful and barred her from supervising her challengers’ cases, and now another judge has cited the Habba case to decide the same of Chattah — as at least two other challenges of other acting U.S. attorney appointments are underway, with the potential for more.
Criminal defendants Shamar Tyrell Garcia, Giann Icob Salazar Del Real, Devonte Devon Jackson, Jorge Enriquez, Jr., did not succeed in dismissing their indictments, but they did persuade Senior U.S. District Judge David Campbell that Chattah must be disqualified.
The judge, a George W. Bush appointee, said the Federal Vacancies Reform Act (FVRA) was enacted by Congress “precisely” to prevent a scenario where a president and AG might attempt to backfill anyone into a top prosecutor role.
“In short, the FVRA is a carefully crafted assertion of Congress’s power under Article II, section 2, clause 2 of the Constitution. Its purpose would be defeated if the Executive Branch – the very branch Congress was trying to constrain – could choose whomever it wanted, whenever it wanted, and fill the vacancy simply by declaring that person to be first assistant,” Campbell said, citing the Habba case and crediting a fellow judge’s ruling that “a ‘first assistant’ who may take office in an ‘acting capacity’ must be the first assistant at the time the vacancy occurs.”
Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.
Because Chattah “is not validly serving as Acting U.S. Attorney, her involvement in these cases would be unlawful,” the judge added.
“The Court will disqualify Ms. Chattah from participating in or supervising Defendants’ prosecutions,” Campbell said.
If the Nevada court wants to exercise its authority to name Chattah’s replacement, that’s up to the judges, Campbell said, but the Trump administration has other options, like making an acting U.S. attorney appointment that complies with the law or the nomination of a permanent U.S. attorney while seeking “quick confirmation by the Senate.”
The DOJ is currently appealing the unfavorable ruling in the Habba challenge, and it’s likely the same will happen in Chattah’s case.
For now, Chattah is on notice of her “disqualification” from supervising her challengers’ cases.
“Defendants’ motions are granted to the extent they seek disqualification of Ms. Chattah from supervising their criminal prosecutions. Ms. Chattah is disqualified from supervising these cases or any attorneys in the handling of these cases,” Campbell wrote. “The government attorneys handling these cases shall, within 7 days of this order, file statements in the docket that they are not being supervised by Ms. Chattah in their prosecution of these cases.”
Chattah in recent months defended her appointment as “not unconstitutional” and “not done in a nefarious manner,” according to local CBS affiliate KLAS.
“You know, a lot of these people, I know that they’re scared because I know where a lot of the bodies are buried because I come from the defense world,” Chattah said of her critics. “Without saying too much about my previous experience as a defense attorney, but when you played that side, you know where all the bodies are buried. Sometimes we even choose the location to bury them.”
