The Nevada federal public defender’s office is challenging acting U.S. attorney Sigal Chattah ’s appointment, arguing that her term expired in July.

The office’s motion, filed Thursday, follows a federal judge’s Aug. 21 ruling that Chattah’s New Jersey counterpart, Alina Habba, was serving unlawfully and had not been properly appointed acting U.S. attorney.

Habba and Chattah both went from interim U.S. attorney to acting U.S. attorney . Neither has been confirmed by the Senate.

“In brief: the administration is attempting an unusual maneuver that contravenes the text of the statute and poses grave constitutional concerns,” the public defenders wrote. “Such efforts should be rejected.”

Chattah declined to comment Tuesday. Assistant Federal Public Defender Heidi Ojeda also declined to com

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