Federal Judge Rules Top California Prosecutor Illegally Serving

A federal judge has disqualified Bill Essayli, the top federal prosecutor in Southern California, from overseeing two criminal cases, ruling that he is unlawfully serving as a "de facto" U.S. attorney.

U.S. District Judge J. Michael Seabright issued the order Tuesday, stating Essayli cannot participate in or supervise the prosecutions in the two cases. The disqualification, however, will not take effect immediately, allowing the Justice Department time to seek a stay pending an appeal. Essayli expressed disagreement with the ruling in a statement provided to Fox News, asserting that the President and Attorney General have the right to select Justice Department supervisors and that the matter will ultimately be decided by the Supreme Court.

Essayli initially served as interim U.S. attorney under an appointment that expired after 120 days. He was subsequently appointed as a special attorney and designated first assistant U.S. attorney by then-Attorney General Pam Bondi. He was never formally nominated by the president or confirmed by the U.S. Senate.

Seabright had previously determined that the arrangement did not lawfully make Essayli the acting U.S. attorney but allowed him to continue supervising prosecutions under his other titles. However, following a Ninth Circuit ruling over the summer against a similar arrangement for a federal prosecutor in Nevada, Seabright revisited the issue. Despite a revised designation last month by Attorney General Todd Blanche aimed at narrowing Essayli's authority, Seabright concluded that the modified arrangement still granted Essayli sufficient authority to effectively hold the vacant U.S. attorney position.

"In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney," Seabright wrote. "The President and the Attorney General have every right to select supervisors within the Justice Department," Essayli said, adding, "ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then."

The ruling comes as Essayli has been involved in a Justice Department effort challenging California over an estimated 20,000 registered voters the administration contends are likely noncitizens. The Justice Department has requested a federal court to separate ballots associated with these individuals while their eligibility is reviewed.

During a news conference Tuesday, Essayli characterized the voter eligibility case as being on the forefront of the administration's fight for election integrity, stating, "We wanna stop illegal voting. We don't wanna chase it later."

When questioned by reporters about Seabright's ruling during the same news conference, Essayli briefly responded, "That case will be decided by the Supreme Court."