A federal judge ruled Tuesday that Bill Essayli, the top federal prosecutor in Southern California, was “unlawfully serving” as the head of the U.S. attorney’s office and disqualified him from overseeing two criminal prosecutions.
U.S. District Judge J. Michael Seabright found that Essayli, a former Republican state lawmaker and ally of President Donald Trump, has been serving illegally even under designations as a special attorney and first assistant U.S. attorney. The order will not take effect immediately, and the Justice Department has said it intends to appeal.
Essayli was appointed interim U.S. attorney for the Central District of California in April 2025. The appointment, made under authority that allows the attorney general to fill vacancies for up to 120 days without Senate confirmation, expired last July. The administration then designated him as acting and later as first assistant and special attorney to keep him in a leadership role without a formal presidential nomination or Senate confirmation.
Seabright cited an August ruling by a federal appellate court that rejected a similar arrangement for a Nevada Justice Department official. He concluded that Essayli’s current designations still gave him authority equivalent to that of a U.S. attorney.
In a statement, Essayli said: “We respectfully disagree with the court’s order. The President and the Attorney General have every right to select supervisors within the Justice Department. Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.”
