Judge strikes down legal basis for LA federal prosecutor's role

A federal judge in Los Angeles ruled on Tuesday that Bill Essayli is not legally serving as the top U.S. prosecutor in the district.

U.S. District Judge J. Michael Seabright determined that Essayli is serving as a de facto United States Attorney without proper legal standing. The order adds to the legal challenges facing the administration's strategy of keeping handpicked acting prosecutors in place beyond the 120-day limit set by federal law. This limit is designed to prevent the bypass of Senate confirmation, a process that typically requires bipartisan support.

The ruling hinges on a decision from the 9th U.S. Circuit Court of Appeals issued in August. That appeals court found that Sigal Chattah, the initial choice for U.S. attorney in Nevada, was unlawfully appointed. Seabright wrote that Attorney General Pam Bondi's appointment of Essayli as a special attorney and her subsequent designation of him as First Assistant U.S. Attorney are identical to the steps taken with Chattah. Bondi originally named Essayli First Assistant shortly before the 120-day mark expired for his acting role.

Essayli, a former state lawmaker, was appointed Acting U.S. Attorney for the Central District of California last year. He has become a public figure in the administration's disputes with California, including cases involving alleged health care fraud and claims of widespread noncitizen voting. California officials have resisted federal efforts to stop the counting of ballots from up to 20,000 people the administration suspects are not U.S. citizens. Essayli has also aggressively prosecuted people protesting expanded immigration enforcement in Southern California.

The administration has moved to adjust Essayli's duties. Attorney General Todd Blanche issued a new designation that trimmed some of Essayli's responsibilities. Seabright stated that nothing in this revised order materially distinguishes it from the designation order deemed improper by the appeals court in the Nevada case.

Essayli said he disagrees with the ruling and argued that the president and the Attorney General have every right to select supervisors within the Justice Department. He added that he looks forward to staying in his current role until the Supreme Court settles the question. The order will not take effect until the court decides on the government's motion for a stay pending appeal.

This is the latest in a series of rulings against interim U.S. attorneys installed by the administration. A New Jersey judge disqualified acting U.S. attorney Alina Habba last year, and a judge ruled in January that John Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York.