LOS ANGELES (AP) — A federal judge has disqualified acting U.S. Attorney Bill Essayli in Southern California from several cases after concluding Tuesday that the Trump appointee stayed in the temporary job longer than allowed by law.
U.S. District Judge J. Michael Seabright disqualified Essayli from criminal prosecution oversight in three cases, siding with defense attorneys. Essayli has been unlawfully serving as acting U.S. attorney for the Central District of California since July 29, Seabright wrote. But he can continue to serve as first assistant U.S. attorney, Seabright ruled, effectively leaving him as the office's top prosecutor.
“Nothing changes,” Essayli wrote in a social media post Tuesday evening, saying he looked forward to advancing President Donald Trump's agenda.
The decision marks another setback for the Trump administration's efforts to keep hand-picked acting U.S. attorneys working longer than the 120-day limit set by federal law. A judge ruled in September that Nevada's acting U.S. attorney, Sigal Chattah, held her position illegally. Another judge in August disqualified the acting U.S. attorney in New Jersey, Alina Habba.
Essayli is a former federal prosecutor who became a member of the Republican California Assembly, where he took conservative positions and criticized the state's COVID-19 restrictions. He has spoken out against California's policy of protecting immigrants living in the country illegally, and he has aggressively prosecuted people protesting Trump's stepped-up immigration enforcement across Southern California.
Under federal law, if a permanent U.S. attorney is not nominated by the President and confirmed by the Senate within 120 days, federal district court judges may appoint an interim attorney until the vacancy is filled. Essayli has not been confirmed by the U.S. Senate — something that typically requires some level of bipartisan support. California Sens. Adam Schiff and Alex Padilla have criticized Essayli's appointment.
Essayli was appointed interim U.S. attorney in March, several months after former President Joe Biden's appointee resigned. Just before the 120-day mark, U.S. Attorney General Pam Bondi appointed him first assistant U.S. attorney and said he would have the authority to serve as acting U.S. attorney if there was a vacancy in the position. He subsequently resigned as interim US attorney.
The administration has argued that he can do so under the Federal Vacancies Reform Act of 1998, which Congress passed specifically to regulate the temporary filling of executive branch vacancies that require presidential nomination and Senate confirmation.
However, Seabright said the law's provision only applies if the previous U.S. attorney dies, resigns or is otherwise incapacitated.
The lawsuit to disqualify Essayli was filed by three men facing federal firearms charges. They tried to have their charges dismissed. Seabright ruled that the charges can proceed.
In Nevada, the same judge who disqualified Chattah ruled last week to suspend his previous ruling while a federal appeals court considered an appeal from the U.S. Department of Justice, temporarily allowing her to remain involved in the cases prosecuted by her office. An appeals court also heard arguments Monday over Habba's appointment, questioning government lawyers about their maneuvers to keep Habba in place.
