LOS ANGELES (AP) — A federal judge has disqualified acting U.S. Attorney Bill Essayli in Southern California from several cases after concluding Tuesday that Trump’s appointee has remained in the temporary position longer than allowed by law.
U.S. District Judge J. Michael Seabright disqualified Essayli from supervising criminal proceedings 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 the office’s top prosecutor.
“Nothing is changing,” Essayli wrote in a social media post Tuesday night, saying he hoped to advance President Donald Trump’s agenda.
The decision represents another setback to the Trump administration’s effort to extend the term of hand-picked acting attorneys beyond the 120-day limit set by federal law. A judge ruled in September that Nevada’s acting U.S. attorney, Sigal Chattah, was serving illegally. Another judge disqualified the acting U.S. attorney in New Jersey, Alina Habba, in August.
Essayli is a former federal prosecutor turned Republican assemblyman from California, where he championed conservative causes and criticized the state’s COVID-19 restrictions. He has been outspoken against California’s policies to protect immigrants living in the country illegally and has aggressively prosecuted people protesting Trump’s increased immigration enforcement throughout Southern California.
Under federal law, if the president does not name a permanent U.S. attorney and the Senate does not confirm him within 120 days, federal district court judges can appoint an acting U.S. attorney until the vacancy is filled. Essayli has not been confirmed by the US Senate, something that generally requires some degree of bipartisan support. California Senators Adam Schiff and Alex Padilla have criticized Essayli’s appointment.
Essayli was named acting U.S. attorney in March, several months after former President Joe Biden’s appointee to the position resigned. Just shy of his 120th day, U.S. Attorney General Pam Bondi named him First Deputy U.S. Attorney and said he would have the authority to serve as acting U.S. attorney in the event of a vacancy in the office. He later resigned as acting U.S. attorney.
The administration has argued that it can do so under the Federal Vacancies Reform Act of 1998, which Congress passed specifically to regulate the temporary filling of vacancies in the executive branch that require presidential appointment and Senate confirmation.
Seabright, however, said the provision of the law only applies if the previous U.S. Attorney dies, resigns or otherwise becomes incapacitated.
The lawsuit seeking to disqualify Essayli was filed by three men facing federal firearms charges. They asked that their charges be dismissed. Seabright ruled that the charges can proceed.
In Nevada, the same judge who disqualified Chattah ruled last week that he was pausing his earlier ruling while a federal appeals court reviewed an appeal from the U.S. Justice Department, allowing her to temporarily remain involved in cases his office was prosecuting. An appeals court on Monday also heard arguments on Habba’s appointment, questioning government lawyers about their maneuvers to keep Habba in office.