Judge blocks prosecutor from 2 cases after finding he acts as U.S. attorney

U.S. District Judge J. Michael Seabright ruled Tuesday that Bill Essayli, the top federal prosecutor in Southern California, is unlawfully serving as a de facto U.S. attorney. The order disqualifies Essayli from participating in or supervising two specific criminal cases. The disqualification is not immediate, allowing the Justice Department time to seek a stay while it appeals the decision.

Essayli initially took the role under an interim appointment that expired after 120 days. Attorney General Pam Bondi later designated him as a special attorney and first assistant U.S. attorney. The president never formally nominated him for the post, and the Senate never confirmed him. Seabright previously allowed Essayli to supervise prosecutions under these titles, but he revisited the issue after the Ninth Circuit ruled against a similar arrangement in Nevada this summer.

Attorney General Todd Blanche issued a revised designation last month to narrow Essayli's authority. The goal was to distinguish his role from the Nevada precedent. Seabright determined that the modified arrangement still granted Essayli enough power to effectively fill the vacant U.S. attorney position. In the written decision, the judge stated that Essayli is unlawfully serving as a de facto United States Attorney.

Essayli said in a statement provided to Fox News that he respectfully disagrees with the order. He argued that the President and the Attorney General have the right to select supervisors within the Justice Department. Essayli added that the Supreme Court will ultimately decide the question and that he looks forward to serving in his current role until then. At a Tuesday news conference, he offered a brief reply when asked about the ruling: That case will be decided by the Supreme Court.

The decision lands as Essayli leads a high-profile Justice Department effort challenging California over more than 20,000 registered voters. The administration argues these individuals are likely noncitizens. The department has asked a federal court to require that ballots tied to those individuals be separated while their eligibility is reviewed. U.S. District Judge David O. Carter said he would rule on that request Wednesday.

At the same news conference, Essayli described the voter case as central to the administration's effort to protect election integrity. He stated that the goal is to stop illegal voting rather than chase it later. The two cases from which Essayli has been disqualified remain active under his current supervision until any appeal is resolved.