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 she is serving unlawfully.
Campbell ordered government attorneys on the cases to tell the court within seven days that Chattah is not directing their work. He did not dismiss the indictments, however.
It was 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, something it also sought to do for California and New Jersey.
A judge reached the same conclusion in August 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 until the vacancy is filled, Campbell wrote in his ruling. Chattah's continued appointment as acting U.S. attorney violated that statute, he said.
Campbell took aim at the administration's strategy of using a string of temporary appointments to allow Trump's candidates to bypass the usual requirement that U.S. attorneys be confirmed by the Senate — something that generally requires a degree of bipartisan support.
Chattah, a conservative lawyer, drew opposition from Nevada's Democrat senators, Catherine Cortez Masto and Jacky Rosen.
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