Federal Courts Rule Trump-Appointed Interim U.S. Attorneys Exceeded 120-Day Limit; Nevada’s Office Among Those Affected
Federal courts have ruled that multiple interim U.S. Attorneys appointed by President Trump can no longer serve because their 120-day term under the Federal Vacancies Reform Act has expired. Judges in several districts have ruled that the Justice Department cannot keep the same appointees in office indefinitely by simply relabeling them as “acting” U.S. Attorneys or by firing any replacements that the court has appointed.
The most significant decision came on December 1 when a unanimous Third Circuit panel disqualified Alina Habba as U.S. Attorney for the District of New Jersey. The court found that the administration had manufactured an artificial vacancy to evade statutory limits. That ruling is now binding precedent in New Jersey, Pennsylvania, and Delaware.
In Nevada, U.S. District Judge David Campbell, issued a detailed order on September 30 declaring that Sigal Chattah, who assumed the interim role on April 1 and whose 120-day term ended July 29, was no longer validly serving and could not supervise criminal cases. No Senate nomination was ever submitted for Chattah, the 2022 Republican nominee for Nevada Attorney General.
Similar outcomes have occurred in the Eastern District of Virginia, where Lindsey Halligan was removed and two indictments were dismissed, and in the Southern District of New York, where the court rejected a Justice Department workaround and declared the position vacant. All of the rulings turn on statutory and constitutional requirements rather than the appointees' personal qualifications.
Appeals are pending on these rulings, including the Third Circuit decision in New Jersey, which could eventually reach the Supreme Court. For now, day-to-day operations in the affected districts continue under career deputy U.S. Attorneys. In Nevada, the disqualification ruling against Chattah has been stayed pending appeal, allowing her to remain involved in most cases while the Ninth Circuit reviews the decision; however, the position's overall validity remains in dispute, with no new appointment made to date.
The U.S. Attorney for the District of Nevada oversees more than 100 prosecutors and staff across offices in Las Vegas and Reno, handling over 1,000 federal cases annually. The office addresses a broad range of issues, including large-scale fraud, organized crime, national security threats, and tourism-related offenses such as money laundering. In collaboration with the FBI, DEA, and other agencies, the U.S. Attorney establishes enforcement priorities, represents the government in civil litigation, and maintains impartial justice. From 2023 to 2024, the office secured more than $14 million in victim recoveries through prosecutions and civil actions. As one of 93 principal federal prosecutorial roles nationwide, the position frequently aligns with national political transitions. Recent U.S. Attorneys for the District of Nevada include:
Sigal Chattah (April 2025–present): Appointed interim U.S. Attorney by President Trump, Chattah’s tenure was extended to Acting U.S. Attorney on July 29, 2025, via the Vacancies Reform Act, bypassing Senate confirmation. A Las Vegas attorney and Republican National Committeewoman. Her priorities include prosecuting crimes involving narcotics, violence against people, and public corruption.
Sue Fahami (January–April 2025): As First Assistant U.S. Attorney, Fahami briefly served as Acting U.S. Attorney post-Frierson, managing the office’s transition.
Jason Frierson (2022–January 2025): Nominated by President Biden, Frierson led the office in collecting $7.5 million in criminal and civil actions in 2023, including significant victim restitution cases like United States v. Melissa Landgraf, where $134,385.84 was recovered for an embezzlement victim.
Nicholas Trutanich (2019–2021): Appointed by Trump, Trutanich focused on violent crime and national security, prosecuting cases like Conor Climo, who was sentenced for plotting attacks after possessing bomb-making materials.
Dayle Elieson (Interim, 2018): A seasoned prosecutor, Elieson handled fraud and terrorism cases before returning to her role as Assistant U.S. Attorney.
Significant cases:
Health Care Fraud (2025): Chattah led Nevada’s part in a nationwide takedown, charging Paulino Gonzalez and Mary Huntly for a $94 million Medicare fraud scheme involving kickbacks for unnecessary medical treatments, resulting in over $54 million in losses.
PPP Loan Fraud (2024–2025): Chattah continued Frierson’s work, returning $531,308.46 and $1,068,123.94 to victims and the Small Business Administration for fraudulently obtained Paycheck Protection Program loans. An additional $32.2 million was returned to an undisclosed victim.
Investment Fraud (2024): The office, under Frierson, prosecuted Mykalai Kontilai, who was sentenced to 51 months and ordered to pay $6.1 million for defrauding investors of $23 million through false claims about his company, Collector’s Coffee.
Violent Crime (2019–2021): Under Trutanich, the office prosecuted Conor Climo, sentenced to two years for possessing bomb-making materials with intent to attack a synagogue and LGBTQ+ bar.
