Judge says Bill Essayli has been unlawfully serving as acting U.S. attorney

A federal judge disqualified acting U.S. Attorney Bill Essayli from several cases after concluding Tuesday that the Trump appointee has stayed in the temporary job longer than allowed by law.

What we know:

U.S. District Judge J. Michael Seabright disqualified Essayli from supervising the criminal prosecutions in three cases, siding with defense lawyers. Essayli has been unlawfully serving as acting U.S. attorney for the Central District of California since July 29, Seabright wrote. But he may continue to serve as a First Assistant United States Attorney, Seabright ruled, effectively leaving him as the office’s top prosecutor.

"Nothing is changing. I continue serving as the top federal prosecutor in the Central District of California. It‘s an honor and privilege to serve President Trump and Attorney General Bondi, and I look forward to advancing their agenda for the American People," Essayli wrote on X. 

Dig deeper:

The decision represents another setback to the Trump administration’s effort to extend handpicked acting U.S. attorneys beyond the 120-day limit set by federal law. A judge ruled in September that acting U.S. attorney of Nevada, Sigal Chattah, was serving in her position illegally. Another judge disqualified the acting U.S. attorney in New Jersey, Alina Habba, in August.

Essayli is a former federal prosecutor turned Republican California Assemblymember, where he took up conservative causes and criticized the state’s COVID-19 restrictions. He has been outspoken against California policies to protect immigrants living in the country illegally, and has aggressively prosecuted people who protest Trump’s ramped 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, judges of the federal district court can appoint an interim until the vacancy is filled. Essayli has not been confirmed by the U.S. Senate —something that generally requires a degree of bipartisan support. California Sens. Adam Schiff and Alex Padilla have criticized Essayli’s appointment.

The backstory:

Essayli was appointed as interim U.S. attorney in March, several months after former President Joe Biden’s appointee to the job resigned. Just shy of the 120-day mark, U.S. Attorney General Pam Bondi appointed him as First Assistant U.S. Attorney and said he would have the authority to serve as acting U.S. attorney upon a vacancy in the role. He then resigned as interim U.S. attorney.

The government 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 appointment and Senate confirmation.

Seabright, however, said that provision of the law only applies if the previous U.S. Attorney dies, resigns, or is otherwise incapacitated.

The lawsuit seeking to disqualify Essayli was brought by three men facing federal firearms charges. They sought to have their indictments dismissed. Seabright ruled the indictments could proceed.