LOS ANGELES (AP) — A federal judge disqualified acting U.S. Attorney Bill Essayli in Southern California from several cases after concluding Tuesday that the Trump appointee has stayed in the temporary job longer than allowed by law.
U.S. District Judge J. Michael Seabright disqualified Essayli from supervising the criminal prosecutions in three cases, siding with defense lawyers. Essayli has been unlawfully serving as acting U.S. attorney for the Central District of California since July 29, Seabright wrote. But he may continue to serve as a First Assistant United States Attorney, Seabright ruled, effectively leaving him as the office’s top prosecutor.
“Nothing is changing,” Essayli wrote in a social media post Tuesday evening, saying he looked forward to advancing President Donald Trump’s agenda.
The decision represents another setback to the Trump administration’s effort to extend handpicked acting U.S. attorneys beyond the 120-day limit set by federal law. A judge ruled in September that acting U.S. attorney of Nevada, Sigal Chattah, was serving in her position illegally. Another judge disqualified acting U.S. attorney in New Jersey, Alina Habba, in August.
Essayli is a former federal prosecutor turned Republican California Assemblymember, where he took up conservative causes and criticized the state’s COVID-19 restrictions. He has been outspoken against California policies to protect immigrants living in the country illegally, and he has aggressively prosecuted people who protest Trump’s ramped up immigration enforcement across Southern California.
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. Essayli has not been confirmed by the U.S. Senate —something that generally requires a degree of bipartisan support. California Sens. Adam Schiff and Alex Padilla have criticized Essayli’s appointment.
Essayli was appointed as interim U.S. attorney in March, several months after former President Joe Biden’s appointee to the job resigned. Just shy of the 120-day mark, U.S. Attorney General Pam Bondi appointed him as First Assistant U.S. Attorney and said he would have the authority to serve as acting U.S. attorney upon a vacancy in the role. He then resigned as interim U.S. attorney.
The government has argued that he can do so under the Federal Vacancies Reform Act of 1998, which Congress passed specifically to regulate the temporary filling of executive branch vacancies that require presidential appointment and Senate confirmation.
Seabright, however, said that provision of the law only applies if the previous U.S. Attorney dies, resigns, or is otherwise incapacitated.
The lawsuit seeking to disqualify Essayli was brought by three men facing federal firearms charges. They sought to have their indictments dismissed. Seabright ruled the indictments can proceed.
In Nevada, the same judge that disqualified Chattah ruled last week that he was pausing his earlier ruling while a federal appellate court weighed an appeal from the U.S. Department of Justice, allowing her to remain temporarily involved in the cases being prosecuted by her office. An appellate court heard arguments on Monday regarding Habba’s appointment as well, questioning government lawyers on their maneuvers to keep Habba in place.
