By Ahmed Abdelsalam
A federal judge ruled Tuesday that Republican Bill Essayli is not legally serving as the top U.S. prosecutor in Los Angeles, dealing a new blow to the Trump administration’s effort to keep handpicked acting U.S. attorneys in place beyond the 120-day limit set by federal law.
Judge Finds Appointment Unlawful
U.S. District Judge J. Michael Seabright wrote that Essayli “is unlawfully serving as a ‘de facto’ United States Attorney.” The order will not take effect until the court rules on the government’s motion for a stay pending appeal.
Administration’s Bypass Strategy
The administration appointed Essayli as acting U.S. attorney for the Central District of California last year. Just before the 120-day mark, then-Attorney General Pam Bondi named him First Assistant U.S. Attorney, effectively keeping him as the top prosecutor without Senate confirmation. The strategy was designed to bypass the confirmation process that typically requires bipartisan support.
Appeals Court Precedent
Seabright’s decision follows an August ruling by the 9th U.S. Circuit Court of Appeals that found Sigal Chattah, the administration’s initial pick for U.S. attorney in Nevada, was unlawfully appointed in the same manner. The judge said Bondi’s appointment of Essayli as a special attorney and designation as First Assistant U.S. Attorney “is identical” to the Chattah appointment deemed improper.
Other Recent Rulings
Judges have also disqualified other interim U.S. attorneys installed by the administration, including Alina Habba in New Jersey and John Sarcone in the Northern District of New York.
Essayli’s Response
Essayli said he disagrees with the court’s order, stating that the president and Attorney General “have every right to select supervisors within the Justice Department.” He added that the question will ultimately be decided by the Supreme Court and that he looks forward to serving in his current role until then.
