Judge blocks California prosecutor from leading two criminal cases
A federal judge found Bill Essayli is serving as a de facto U.S. attorney without Senate confirmation, pausing his role in active prosecutions.
By Giulia Marshall ·
Bill Essayli, the top federal prosecutor in Southern California, cannot oversee two specific criminal cases starting now. U.S. District Judge J. Michael Seabright issued this order on Tuesday. The judge determined that Essayli is unlawfully acting as the U.S. attorney.
The disqualification does not take effect immediately. This delay allows the Justice Department time to request a stay of the order while they prepare an appeal. Essayli stated that he and his team respectfully disagree with the court's decision. He noted that the President and the Attorney General have the right to select supervisors within the department.
Essayli explained his current position stems from a series of appointments rather than a formal nomination. He initially served as an interim U.S. attorney for 120 days. After that term expired, former Attorney General Pam Bondi appointed him as a special attorney and first assistant U.S. attorney. He has never been formally nominated by the President or confirmed by the U.S. Senate.
Judge Seabright had previously allowed Essayli to continue supervising prosecutions under those secondary titles. However, the judge revisited the issue after the Ninth Circuit Court of Appeals ruled against a similar arrangement for a federal prosecutor in Nevada earlier this year. Attorney General Todd Blanche issued a revised designation last month to narrow Essayli's authority. Seabright ruled that the modified setup still gave Essayli enough power to effectively occupy the vacant U.S. attorney role.
The ruling lands as Essayli helps lead a federal effort challenging California's voter rolls. The Justice Department is asking a court to separate ballots from more than 20,000 registered voters the administration believes are noncitizens. U.S. District Judge David O. Carter is scheduled to rule on that request Wednesday.
During a news conference on Tuesday, Essayli described the voter case as a front-line battle for election integrity. He said the team wants to stop illegal voting now rather than chase it later. When reporters asked about Seabright's ruling, Essayli gave a brief response. He said the case will be decided by the Supreme Court.
