Judge Finds Los Angeles Prosecutor Essayli Serving Illegally

Federal Judge J. Michael Seabright ruled on Tuesday that Bill Essayli, the acting U.S. Attorney for the Central District of California, is not legally serving in his post. The decision determines that Essayli has exceeded the 120-day limit set by federal law for temporary appointments, a threshold the Trump administration has repeatedly tested to maintain control over district offices without Senate confirmation.

Seabright wrote that Essayli is unlawfully serving as a de facto United States Attorney. The judge pointed to a similar ruling from the 9th Circuit Court of Appeals in August, which found that Sigal Chattah, the administration's initial choice for Nevada, was improperly appointed. Seabright noted that Attorney General Pam Bondi’s method of designating Essayli as First Assistant U.S. Attorney is identical to the process used for Chattah, which the appeals court deemed improper.

Essayli, a former state lawmaker and federal prosecutor, was appointed Acting U.S. Attorney last year. Shortly before the 120-day expiration, Bondi named him First Assistant U.S. Attorney. In October 2025, Seabright had already disqualified Essayli from overseeing specific criminal cases due to his extended tenure. The administration never named a replacement, leaving Essayli as the de facto leader of the district's prosecution efforts.

The ruling adds legal pressure on the administration's broader strategy to place handpicked acting attorneys in key districts. This approach allows the White House to avoid the bipartisan support typically required for Senate confirmation. Essayli has become a central figure in federal disputes with California, including allegations of health care fraud and recent claims regarding noncitizen voting in the state.

California has resisted federal efforts to stop election officials from counting ballots from as many as 20,000 people the administration suspects are not U.S. citizens. Essayli has also aggressively prosecuted individuals protesting the administration's expanded immigration enforcement across Southern California.

Essayli stated he disagrees with the ruling and argued that the president and Attorney General have the right to select supervisors within the Justice Department. He expects the Supreme Court to settle the question and intends to remain in his role until then. The order will not take effect until the court decides on the government's motion for a stay pending appeal.

Attorney General Todd Blanche issued a new designation order that trimmed some of Essayli's duties. Seabright determined that nothing in the revised order materially distinguishes it from the Chattah designation order. Courts have found several other interim U.S. attorneys installed by the administration to be serving unlawfully, including Alina Habba in New Jersey and John Sarcone in the Northern District of New York.