Federal Judge Rules Bill Essayli Is Unlawfully Serving as De Facto US Attorney in California

A federal judge has ruled that Bill Essayli, the top federal prosecutor in Southern California, is unlawfully serving as a 'de facto' US attorney. As a result, Essayli has been disqualified from overseeing two criminal cases.

US District Judge J. Michael Seabright ruled on Tuesday that Essayli cannot participate in or supervise the prosecutions in the two criminal cases.

However, the disqualification will not take effect immediately. Its effect has been delayed to give the Justice Department time to seek a stay pending appeal.

After the ruling, Essayli said in a statement, 'We respectfully disagree with the court's order.' He added that the President and the Attorney General have every right to select supervisors within the Justice Department, that ultimately this question will be decided by the Supreme Court, and that he looks forward to serving in his current role until then.

Essayli originally served as interim US attorney under an appointment that expired after 120 days. Then-Attorney General Pam Bondi subsequently appointed him as a special attorney and designated him first assistant US attorney. He was never formally nominated by the president or confirmed by the US Senate.

Judge Seabright had previously found that the arrangement did not lawfully make Essayli acting US attorney, but allowed him to continue supervising prosecutions under his other titles.

But after the Ninth Circuit ruled over the summer against a similar arrangement involving a federal prosecutor in Nevada, Seabright decided to revisit the issue.

Attorney General Todd Blanche issued a revised designation last month to narrow Essayli's authority and distinguish his situation from the Nevada case. Seabright ruled, however, that the modified arrangement still gave Essayli enough authority to effectively occupy the vacant US attorney position. 'In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney,' Seabright wrote.

The ruling came as Essayli has been helping lead a high-profile Justice Department effort challenging California over more than 20,000 registered voters the administration says are likely noncitizens. The Justice Department has asked a federal court to require ballots associated with those individuals to be separated while their eligibility is reviewed, and US District Judge David O. Carter said he would issue a ruling on Wednesday on the administration's request.

At a news conference on Tuesday, Essayli said the case is really on the forefront of the administration's battle to fight for election integrity. 'We wanna stop illegal voting. We don't wanna chase it later,' he said. Asked about Seabright's ruling, he gave reporters a brief response: 'That case will be decided by the Supreme Court.'