A federal judge Tuesday ruled that Acting U.S. Atty. Bill Essayli is not lawfully serving in that role, but declined to dismiss criminal indictments that were challenged by defense attorneys.
Senior Judge J. Michael Seabright from the District of Hawaii was brought in to oversee the case after federal judges in Los Angeles recused themselves. In his ruling, Seabright said Essayli “unlawfully assumed the role of Acting United States Attorney” but can remain in charge under a different title.
Seabright said Essayli “remains the First Assistant United States Attorney” and can “perform the functions and duties of that office.”
Essayli, a former Riverside County assemblyman, was appointed as the region’s interim top federal prosecutor by U.S. Atty. Gen. Pam Bondi in April.
The top prosecutors in charge of U.S. Attorney’s offices are supposed to be confirmed by the U.S. Senate or a panel of federal judges, but the Trump administration has circumvented the normal process in order to allow Essayli and others to remain on the job without facing a vote.
Essayli’s temporary appointment was set to expire in late July, but the White House never moved to nominate him to a permanent role, instead opting to use an unprecedented legal maneuver to shift his title to “acting,” extending his term for an additional nine months.
Challenges to Essayli’s appointment have been brought in at least three criminal cases, with defense lawyers arguing that charges brought under his watch are invalid. The federal public defender’s office in Los Angeles asked the judge to disqualify Essayli from participating in and supervising criminal prosecutions in the district.
The U.S. Attorney’s office in Los Angeles did not immediately respond to a request for comment.
Seabright’s ruling comes amid similar challenges across the country to the Trump administration’s tactics for installing loyalists who wield the power to bring criminal charges and sue on the government’s behalf.
A federal judge in August determined Alina Habba has been illegally occupying the U.S. attorney post in New Jersey, although that order was put on hold pending appeal. Last month a federal judge disqualified Nevada’s top federal prosecutor, Sigal Chattah, from several cases, concluding she “is not validly serving as acting U.S. attorney.” Chattah’s disqualification also is paused while the Department of Justice appeals the decision.
James Comey, the former FBI director charged with lying to Congress, cited the Nevada and New Jersey cases in a recent filing and is now challenging the legality of Trump’s appointment of Lindsey Halligan as U.S. attorney for the Eastern District of Virginia. Halligan was appointed after his predecessor, also a Trump appointee, refused to seek charges against Comey.
Since taking office, Essayli has doggedly pursued President Trump’s agenda, championing hard-line immigration enforcement in Southern California, often using the president’s language at news conferences. Essayli’s tenure has sparked discord in the office, with dozens of career DOJ prosecutors quitting.
The judge’s ruling Tuesday conceded arguments from the Justice Department that Essayli would continue leading the U.S. Attorney’s office in L.A. regardless of how the judged decided on the challenge to his status.
Assistant U.S. Atty. Alexander P. Robbins said that because Essayli also has been designated as first assistant U.S. attorney, he would retain his authority even if stripped of the “acting” title.
Bondi in July also appointed him as a “special attorney.” Robbins told the judge that “there’s no developed challenge to Mr. Essayli’s appointment as a special attorney or his designation as a first assistant.”
The prosecutor told the judge the government believes Essayli’s term will end Feb. 24 and that afterward the role of acting U.S. attorney will remain vacant.
Robbins argued in a court filing that the court shouldn’t order Essayli “to remove the prosecutorial and supervisory hats that many others in this Office wear, sowing chaos and confusion into the internal workings of the U.S. Attorney’s Office for the largest district in the country.”
When asked by a Times reporter last month about the motion to disqualify him, Essayli said “the president won the election.”
“The American people provided him a mandate to run the executive branch, including the U.S. attorney’s office, and I look forward to serving at the pleasure of the president,” he said during a news conference.
