Judge strips top California prosecutor from two key criminal cases

Two criminal prosecutions in Southern California will lose their lead prosecutor after a federal judge ruled that Bill Essayli is serving as the U.S. attorney in violation of the Constitution. U.S. District Judge J. Michael Seabright issued the order on Tuesday. Essayli may no longer participate in or supervise the cases, though the change will not take effect immediately. The Justice Department has a window to request a stay while it files an appeal.

Essayli first took the role as an interim U.S. attorney. That appointment expired after 120 days. Attorney General Pam Bondi later named him a special attorney and first assistant U.S. attorney. President Trump never formally nominated Essayli for the position, and the Senate never confirmed him. The judge previously allowed Essayli to keep supervising cases under those secondary titles. He revisited the issue after the Ninth Circuit struck down a similar arrangement for a federal prosecutor in Nevada earlier this year.

Attorney General Todd Blanche issued a new designation last month. It narrowed Essayli's authority to distinguish his role from the Nevada case. Seabright determined that the revised setup still gave Essayli enough power to function as the head of the local U.S. Attorney's Office. The judge wrote that Essayli is unlawfully serving as a de facto United States Attorney.

Essayli said in a statement that he respectfully disagrees with the order. He argued that the president and the attorney general have the right to choose supervisors within the Justice Department. He stated that the Supreme Court will make the final decision and that he expects to continue in his current role until then. At a news conference on Tuesday, he reiterated that the case will be decided by the Supreme Court.

The ruling arrives as Essayli leads a major Justice Department effort regarding California voter rolls. The administration is challenging the status of more than 20,000 registered voters it believes are likely noncitizens. The department has asked a federal court to separate ballots tied to those individuals while eligibility is reviewed. U.S. District Judge David O. Carter will rule on that request on Wednesday.

Essayli described the voter case as a priority for protecting election integrity. He said the administration wants to stop illegal voting rather than chase it later. The Justice Department plans to appeal the disqualification order to the Ninth Circuit Court of Appeals.