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Judge rules US Attorney Bill Essayli 'unlawfully serving'
The Justice Department has appealed the ruling, and Essayli says the question will ultimately be decided by the Supreme Court.
LOS ANGELES - A federal judge ruled Tuesday that Bill Essayli is unlawfully serving as the top federal prosecutor across seven Southern and Central California counties, barring him from participating in or supervising two pending criminal cases.
What we know:
Senior U.S. District Judge J. Michael Seabright found that the Department of Justice could not grant Essayli the sweeping authority of a U.S. attorney simply by designating him as a "special attorney" and "first assistant U.S. attorney" to bypass U.S. Senate confirmation.
The ruling disqualifies Essayli from participating in or supervising the prosecutions of Jaime Hector Ramirez, who is charged with being a felon in possession of a firearm and ammunition, and Tu Anh Tran, who is charged with possessing property stolen from an interstate or foreign shipment.
However, Seabright declined to dismiss the underlying indictments against Ramirez and Tran, ruling that the defendants had not demonstrated the substantial prejudice required to toss the charges.
While the order is immediately limited to the two cases, it could open the door for defense attorneys across the district to challenge indictments and prosecutorial authority in numerous other federal proceedings.
What they're saying:
"In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney, and is disqualified from participating in or supervising the prosecutions of the two defendants", Seabright ruled.
The decision is automatically stayed while federal prosecutors prepare an appeal to maintain the status quo.
The other side:
"We respectfully disagree with the court's order," Essayli said in a statement. "The President and the Attorney General have every right to select supervisors within the Justice Department. Importantly, today's order is automatically stayed so the government can seek a full stay and maintain the status quo pending our appeal."
Essayli added that the legal fight would ultimately be decided by the U.S. Supreme Court, noting that he looks forward to continuing in his role until then.
The fight over appointment powers
The backstory:
Essayli became interim U.S. attorney in April 2025. By federal law, that interim appointment had a 120-day limit. On July 29, 2025, with his term about to expire, Essayli resigned and was appointed as a "special attorney" and designated "first assistant U.S. attorney," allowing him to continue directing the office without formal presidential nomination or Senate confirmation.
Seabright previously determined that Essayli was not lawfully serving as acting U.S. attorney, but initially allowed him to exercise authority under his secondary titles.
Attorney Dean Steward, representing Tran, filed a motion for reconsideration after the 9th U.S. Circuit Court of Appeals upheld the disqualification of Sigal Chattah, who had been placed in a similar role as first assistant U.S. attorney for the District of Nevada. The appeals court ruled that the Justice Department cannot keep an official who lacks Senate confirmation in charge of a U.S. attorney’s office merely by altering job titles while preserving full authority. Seabright also cited a separate ruling in New York addressing the same interim appointment issue.
On Sept. 23, Attorney General Todd Blanche issued an order revising Essayli's appointment. However, Seabright rejected the revision, finding that "nothing in the revised designation order materially distinguishes it from the Chattah designation order deemed improper" and concluding that Blanche's directive was "functionally equivalent to Essayli's prior ineffective designation."
Even if the order attempted to curtail specific duties, Seabright noted, it remained broad enough to leave Essayli functioning as the district's de facto chief prosecutor.
"Today's court decision is a victory for the rule of law and the U.S. Constitution," Steward said, arguing that the administration violated federal appointment laws in an effort to bypass the Senate confirmation process.
The Source: Information for this story came from City News Service wire reports detailing Tuesday’s ruling by Senior U.S. District Judge J. Michael Seabright. Additional details were drawn from court records, orders issued by Attorney General Todd Blanche, and statements provided by Bill Essayli and defense attorney H. Dean Steward.