Federal judge rules top US prosecutor ‘unlawfully’ serving as ‘de facto’ attorney, deals Trump administration another setback

A federal judge has ruled that Republican Bill Essayli is unlawfully serving as the top federal prosecutor in Los Angeles, marking another setback for the Trump administration’s efforts to keep interim U.S. attorneys in office without Senate confirmation. But the decision will not take effect immediately, as the court must first rule on the government’s request to pause it while an appeal moves forward, according to ABC News.

U.S. District Judge J. Michael Seabright wrote that Essayli “is unlawfully serving as a ‘de facto’ United States Attorney.” Essayli, a former California state lawmaker, was appointed by the Trump administration last year to lead the U.S. Attorney’s Office for the Central District of California, which includes Los Angeles.

The dispute centers on a federal law that limits acting U.S. attorneys to 120 days in office. After Essayli reached that limit, then-Attorney General Pam Bondi appointed him First Assistant U.S. Attorney, allowing him to continue working in the office. The administration did not appoint another acting U.S. attorney, effectively leaving Essayli in charge.

Essayli did not accept the ruling

Essayli disagreed with the judge’s ruling and defended the administration’s authority to appoint Justice Department supervisors. In a statement posted on his X account, he wrote, “Just so there’s no confusion, today’s order is stayed and has no immediate effect. I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.”

The judge’s latest decision followed an August ruling by the 9th U.S. Circuit Court of Appeals that found Sigal Chattah, the Trump administration’s initial pick to lead federal prosecutions in Nevada, had been unlawfully appointed. Seabright said Bondi’s appointment of Essayli as a special attorney and his designation as First Assistant were identical to the arrangements used for Chattah.

The administration later revised Essayli’s designation under Attorney General Todd Blanche, reducing some of his responsibilities. However, Seabright concluded that the changes did not materially distinguish Essayli’s arrangement from the one rejected by the appeals court.

This is not the first time a Trump administration prosecutor has faced a legal challenge over an interim appointment. A judge disqualified acting U.S. attorney Alina Habba in New Jersey last year, while another judge ruled in January that John Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York.

Essayli has been a prominent figure in the administration’s disputes with California. A former federal prosecutor and Republican state lawmaker, he has criticized the state’s policies protecting immigrants living in the country illegally and pursued cases involving protests against the Trump administration’s expanded immigration enforcement. He has also been involved in federal scrutiny of alleged health care fraud and claims of widespread noncitizen voting.