Federal Judge Rules Bill Essayli Unlawfully Serving as U.S. Attorney

UPDATE: A federal judge has just ruled that Bill Essayli has been unlawfully serving as acting U.S. attorney for the Central District of California since late July. This urgent decision, issued on October 29, 2023, by Judge J. Michael Seabright of the Federal District Court in Hawaii, challenges the legitimacy of Essayli’s role in a significant legal precedent.

The ruling states that Essayli “is not lawfully serving as Acting United States Attorney for the Central District of California.” However, the implications of this order are somewhat ambiguous. Although he cannot continue in the role of acting U.S. attorney, Essayli can still perform his duties as first assistant U.S. attorney. In a statement, he reassured the public, saying, “For those who didn’t read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California.”

This decision comes in response to motions filed by three defendants who sought to dismiss indictments against them and disqualify Essayli from his position. Appointed by the Trump administration, Essayli was sworn in on April 2, 2023, to serve as interim U.S. attorney for a specified 120 days. As that term was set to conclude on July 31, Attorney General Pam Bondi appointed him as a special attorney, effective upon his resignation from the interim role.

Judge Seabright, appointed by President George W. Bush, stated that Essayli assumed the role of acting U.S. attorney in violation of the Federal Vacancies Reform Act, which restricts the duration federal prosecutors can serve in these roles without Senate confirmation. He emphasized, “Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California. He has been unlawfully serving in that capacity since his resignation from the interim role on July 29, 2023.”

Despite the significant ruling against Essayli, Judge Seabright denied the defendants’ request to dismiss their indictments, asserting that “the prosecutions remain valid.” This decision marks another setback for the Trump administration’s attempts to place individuals in high-ranking positions without congressional approval.

This ruling follows a series of similar legal challenges. In August, a federal judge found that Alina Habba, a former personal lawyer for Trump, was illegally serving as acting U.S. attorney for New Jersey after her 12-day interim term expired. In September, Judge Seabright ruled that Sigal Chattah had also unlawfully held the position of acting U.S. attorney for the District of Nevada. Both decisions are currently under appeal.

As this story develops, the implications for federal legal appointments and the Trump administration’s legacy continue to unfold. Legal experts and political observers will be watching closely to see how this ruling affects future appointments and ongoing prosecutions. Stay tuned for more updates on this critical issue.