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The Nevada Independent

'Completely unprecedented': Why is confirming Nevada's top federal prosecutor taking so long?

The Trump administration chose George Kelesis to become the state’s U.S. attorney. But not much has happened, allowing its interim pick to stay on for longer.
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The Lloyd D. George Federal Courthouse in Las Vegas on Dec 13, 2021. (Joey Lovato/The Nevada Independent)

In February, Sigal Chattah's temporary term as Nevada's top federal prosecutor appeared to be nearing its end.

After a legally questionable extension skipping the typical requirement of approval by the U.S. Senate and buy-in from the state's two senators, her 210-day time as Nevada's first assistant U.S. attorney was finally set to expire, amid a lawsuit challenging the legal basis behind her tenure and against a backdrop of failed attempts to prove widespread voter fraud and efforts to investigate political adversaries.

But in mid-February — the day before a federal appellate court heard oral arguments in the case challenging her status — the White House nominated Las Vegas attorney George Kelesis to hold the office permanently. 

That meant Chattah could continue serving in her role indefinitely until the nomination process was complete, and could serve another 210 days if the nomination was rejected, withdrawn or returned. 

"A president can effectively sabotage his own nominee, or delay the consideration of his own nominee, for the purpose of taking advantage of a longer period of time," said Thomas Berry,  the director of the constitutional law center at the libertarian Cato Institute.

More than five months later, it's been mostly quiet on the nomination front.

Kelesis, a respected longtime Silver State lawyer who has donated to members of both political parties, has not received the first vote of approval from the Senate Judiciary Committee but has met with Nevada's two Democratic senators, who hold significant sway in whether the nomination can move forward under the "blue slip" process. Both senators' offices told The Nevada Independent they are still reviewing the nomination.

The White House and Kelesis did not respond to requests for comment.

In the meantime, Kelesis has waited 153 days to get the first step toward confirmation — approval from the Senate Judiciary Committee. He's on track to have the longest wait of any nominee for Nevada's U.S. attorney this century.

The only nominee who waited longer so far is Nicholas Trutanich, President Donald Trump's pick for the position in his first term. However, that delay was because another senator had put a hold on approving all judicial nominees over an unrelated dispute.

Kelesis' long nomination wait is atypical. Of Trump's more than 70 U.S. attorney nominations this term, there has been no forward movement on five nominees: Kelesis and four people nominated last month, The Nevada Independent found. Three people nominated after Kelesis have received approval from the Senate Judiciary Committee.

The rest of the nominees have either been confirmed by senators, withdrawn or returned to the White House.

Greg Brower, a former U.S. attorney for Nevada appointed by President George W. Bush, said at the time of his nomination, the White House had already worked to ensure that he would have enough support to be confirmed — which has not happened in this case.

"They haven't really been intent on making sure they nominate people who can become easily confirmed," he said. "[It] is completely unprecedented."

What comes next?

Chattah is awaiting a federal appeals court ruling about the legality of her continued leading of the office. A lower judge previously said it was illegal, but he put the decision on hold pending appeal. 

What comes next is unclear. If the court rules against her, then she may eventually have to abdicate leadership, but the Trump administration could also choose to appeal the ruling again.

However, if it rules in her favor, then she could stay atop the office for a long time. 

The only upcoming rule on Kelesis' nomination is that if it goes nowhere by the end of the current congressional term in January, then it will automatically be returned to the White House. If there is a second nomination, Chattah can also keep serving until that person is confirmed, or for 210 days after that nomination is acted on.

Oral arguments in the appeals court case were held in February. It is rare for a ruling to take so long, but it is not unheard of, said Berry, who was formerly a law clerk in a federal appeals court. 

"In general they try not to let it drag on for longer than six months, but it does happen, especially in complicated cases," Berry said.

Mini Racker contributed to this story.

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