Judge Disqualifies Acting U.S. Attorney in Southern California Over Tenure Violation
A recent ruling by a federal judge has led to the disqualification of acting U.S. Attorney Bill Essayli in Southern California. The decision came after it was determined that Essayli, appointed by former President Donald Trump, had exceeded the permissible duration of his temporary role.
U.S. District Judge J. Michael Seabright concluded that Essayli had remained in his acting position unlawfully since July 29, as stated in a court document. While Essayli has been removed from overseeing criminal prosecutions in three cases, he is permitted to continue serving as First Assistant United States Attorney, maintaining his status as the leading prosecutor in the office.
In a social media statement, Essayli expressed that “nothing is changing” and showed his eagerness to continue supporting Trump’s policy initiatives.
This development is another hurdle for the Trump administration’s strategy of extending the tenure of handpicked acting U.S. attorneys beyond the 120-day limit set by federal law. Previously, similar rulings had disqualified acting U.S. attorneys in Nevada and New Jersey.
Essayli, who transitioned from a federal prosecutor to a Republican California Assemblymember, has been a vocal critic of California’s COVID-19 restrictions and policies safeguarding immigrants. He is known for his firm stance on immigration enforcement.
Federal statutes mandate that a permanent U.S. attorney must be nominated by the president and confirmed by the Senate within 120 days. In the absence of such a confirmation, district court judges can appoint an interim attorney. Essayli, however, has yet to receive Senate confirmation, a process typically requiring bipartisan support. California Senators Adam Schiff and Alex Padilla have publicly opposed Essayli’s appointment.
Essayli initially assumed the interim U.S. attorney role in March, following the resignation of President Joe Biden’s appointee. Just before reaching the 120-day limit, Attorney General Pam Bondi appointed him as First Assistant U.S. Attorney, enabling him to act in the U.S. attorney’s role if a vacancy arose, after which he resigned from his interim position.
The government contends that the Federal Vacancies Reform Act of 1998 allows for Essayli’s continued role. However, Judge Seabright’s ruling clarified that the act’s provisions apply only under specific circumstances like death or incapacitation of the previous attorney.
The lawsuit leading to Essayli’s disqualification was filed by three defendants in a federal firearms case, aiming to have their charges dismissed. Although Seabright disqualified Essayli, he ruled that the indictments would proceed.
Meanwhile, in Nevada, a judge has temporarily suspended the disqualification of Sigal Chattah, pending a federal appellate court’s review of an appeal by the U.S. Department of Justice. Similarly, an appellate court recently questioned the government’s legal strategies regarding Alina Habba’s appointment in New Jersey.
