A federal judge has disqualified Bill Essayli, who was serving as a top federal prosecutor in Southern California. The judge, J. Michael Seabright, determined that Essayli was unlawfully fulfilling the role of a “de facto” United States Attorney.
Ruling Details
On Tuesday, Judge Seabright stated that Essayli should not engage in or oversee prosecutions in two criminal cases due to his unauthorized role. Despite this decision, the effect of the disqualification has been delayed to allow the Justice Department time to pursue a stay pending appeal.
“We respectfully disagree with the court’s order,” Essayli commented in a statement to Fox News.
The arrangement was contested following a similar case in Nevada, where an appeals court found that the Trump Administration unlawfully appointed a federal prosecutor.
Background of Essayli’s Appointment
Essayli originally held an interim U.S. attorney role which expired after 120 days. Subsequently, he was appointed as a special attorney and designated as the first assistant U.S. attorney by then-Attorney General Pam Bondi. He was neither formally nominated by the president nor confirmed by the Senate. Judge Seabright had previously allowed Essayli to continue supervising cases under these roles.
The situation changed following a summer ruling by the Ninth Circuit against a comparable arrangement involving a Nevada prosecutor. Consequently, Judge Seabright reassessed Essayli’s position and determined that his leadership effectively placed him in the U.S. attorney role.
Recent Developments
In response, Attorney General Todd Blanche issued a revised designation to limit Essayli’s authority. However, Seabright ruled that the new designation still allowed Essayli significant power, keeping him in a similar position.
Essayli also engages in the Justice Department’s challenge against over 20,000 registered voters in California, whom the administration claims are likely noncitizens. The department has requested a federal court to ensure that ballots from these individuals are separated for eligibility review. U.S. District Judge David O. Carter is expected to rule on this request.
During a recent news conference, Essayli emphasized his commitment to election integrity:
“This case is on the forefront of the administration’s battle to fight for election integrity,” he said.
Regarding Judge Seabright’s ruling, Essayli briefly addressed reporters:
“That case will be decided by the Supreme Court.”