Federal Judge Rules Top LA Prosecutor Isn't Legally Serving

A federal judge has ruled that Republican Bill Essayli is not legally serving as the top U.S. prosecutor in Los Angeles, marking the latest legal challenge to the Trump administration's strategy of appointing acting U.S. attorneys to bypass Senate confirmation.

U.S. District Judge J. Michael Seabright wrote that Essayli “is unlawfully serving as a ‘de facto’ United States Attorney.” The order awaits a government motion for a stay pending appeal. Essayli stated he disagrees with the ruling and believes the president and Attorney General have the right to choose Justice Department supervisors, adding, "Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then."

Essayli, a former state lawmaker, was appointed as Acting U.S. Attorney for the Central District of California by the Trump administration last year. Shortly before the 120-day legal limit for acting U.S. attorneys, then-U.S. Attorney General Pam Bondi appointed him as First Assistant U.S. Attorney. This move, according to the judge, effectively made Essayli the top prosecutor as no other acting U.S. attorney was appointed.

Seabright's ruling on Tuesday cited a similar August appeals court decision concerning Sigal Chattah, the Trump administration's initial choice for U.S. attorney in Nevada. The 9th U.S. Circuit Court of Appeals found Chattah's appointment unlawful. Seabright stated that Bondi's appointment of Essayli as a special attorney and First Assistant U.S. Attorney was "identical" to the one deemed improper for Chattah.

Despite a revised designation by U.S. Attorney General Todd Blanche that reduced some of Essayli's duties, Seabright found that the changes did not materially distinguish the order from the one deemed improper in the Chattah case.

This ruling follows a pattern of judges finding interim U.S. attorneys appointed by the administration to be unlawfully serving. In New Jersey, a judge disqualified acting U.S. attorney Alina Habba last year, and a judge ruled in January that John Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York.

Essayli, a former federal prosecutor and Republican state lawmaker, has been a vocal opponent of California policies protecting immigrants and has aggressively prosecuted those protesting increased immigration enforcement. He has also been a public face of the administration's disputes with California on issues including alleged healthcare fraud and claims of noncitizen voting.