Court disqualifies Trump-appointed US attorney from overseeing multiple criminal cases
LOS ANGELES (AP) — A federal judge on Tuesday disqualified Southern California U.S. Attorney Bill Essayli from several cases after concluding that the Trump appointee stayed on the temporary job longer than allowed by law.
U.S. District Judge J. Michael Seabright sided with the defense attorneys and barred Essayli from overseeing criminal prosecutions in three cases. Seabright wrote that Essayli had been illegally serving as a U.S. attorney for the Central District of California since July 29. But Seabright ruled that he could continue to serve as First Assistant U.S. Attorney, leaving himself as the office’s de facto attorney general.
“Nothing is changing,” Essayli wrote in a social media post Tuesday evening, saying she looks forward to advancing President Donald Trump’s agenda.
The decision represents another hurdle to the Trump administration’s expansion efforts carefully selected US lawyers beyond the 120-day limit set by federal law. The judge ruled in September Nevada’s U.S. attorney, Sigal Chattah, was said to be illegally serving in her position. Another judge disqualified acting U.S. attorney Alina Habba in New Jersey. in august.
Essayli, a former federal prosecutor, became a California Republican Assembly member where she took on 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 sued people protesting Trump’s increased immigration enforcement in 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, federal district court judges can appoint an interim attorney until the vacancy is filled. The Essayli was not approved by the US Senate; This is something that usually requires some level of bipartisan support. California Senators Adam Schiff and Alex Padilla criticized Essayli’s appointment.
Essayli was appointed interim U.S. attorney in March, several months after former President Joe Biden’s appointee resigned. Just shy of the 120-day deadline, U.S. Attorney Pam Bondi appointed him First Assistant U.S. Attorney and said he would have the authority to serve as acting U.S. attorney in the event of a vacancy in that position. He later resigned as interim U.S. attorney.
The government argued it could do so under the Federal Vacancies Reform Act of 1998, which Congress passed to regulate the temporary filling of executive branch vacancies that specifically require presidential appointment and Senate confirmation.
But Seabright said the law’s provision would apply only if the previous U.S. Attorney dies, resigns or is otherwise incapacitated.
The lawsuit to disqualify Essayli was filed by three men facing federal firearms charges. They wanted the indictments to be rejected. Seabright ruled that the indictments could proceed.
Same judge who disqualified Chattah in Nevada reigned last week The federal appeals court said it was pausing its earlier decision while it considers the U.S. Justice Department’s appeal, allowing him to temporarily take part in cases handled by his office. Supreme Court I heard arguments He questioned government lawyers on Habba’s appointment on Monday about their maneuvers to keep Habba in place.
