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Department of Justice

Ninth Circuit Rejects Trump Administration Acting U.S. Attorney Appointment

A persuasive opinion by Judge Eric Miller curtails the Trump Administration's attempt to color outside the lines.

Jonathan H. Adler | 8.18.2026 11:42 AM

Yesterday, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit concluded that the Attorney General did not properly appoint Sigal Chattah as the Acting U.S. Attorney for the District of Nevada. The AG had named Chattah to the post in an effort to get around the need to either nominate a U.S. Attorney the Senate would confirm or accept a judicial appointment.

Judge Eric Miller wrote for the panel in United States v. Jackson. His opinion begins:

These cases present the question........

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