In brief
A federal judge in Southern California has disqualified acting U.S. Attorney Bill Essayli from handling three criminal cases, ruling that his tenure exceeded the legally permitted 120 days without Senate confirmation. Despite this, he can still serve as the First Assistant U.S. Attorney. The decision follows similar rulings against other acting U.S. attorneys in Nevada and New Jersey, raising challenges for the Trump administration's attempts to extend interim positions. Essayli, a Republican and former federal prosecutor, expressed his continued commitment to President Trump's agenda via social media.
LOS ANGELES (AP) — A federal judge in Southern California has disqualified acting U.S. Attorney Bill Essayli from overseeing several criminal cases after determining he has remained in the role longer than federal law allows.
U.S. District Judge J. Michael Seabright ruled on Tuesday that Essayli has been unlawfully serving as acting U.S. attorney since July 29, affirming the arguments of defense attorneys. Despite this ruling, Essayli will remain as the First Assistant United States Attorney, effectively keeping him in a top prosecutorial position within the office.
In response to the judge's decision, Essayli expressed on social media that “Nothing is changing,” and emphasized his commitment to advancing President Trump's agenda.
This ruling marks a setback for the Trump administration, which has faced legal challenges in attempts to keep handpicked acting U.S. attorneys beyond the mandated 120-day limit. Similar rulings have occurred in Nevada and New Jersey, where judges found those acting U.S. attorneys were also serving unlawfully.
Essayli, a Republican and former federal prosecutor, has been a vocal critic of California's policies regarding immigrant protections and has been firmly against COVID-19 restrictions. His position as acting U.S. attorney was initiated following the resignation of the previous appointee.
Under federal law, if a permanent U.S. attorney is not confirmed within 120 days, judges can appoint an interim figure until a nomination is made. Senate confirmation is generally required and often necessitates bipartisan support. Both California Senators Adam Schiff and Alex Padilla have expressed criticism towards Essayli's appointment.
The government maintains that Essayli was appointed according to the Federal Vacancies Reform Act of 1998, which allows for temporary appointments under certain circumstances. However, Judge Seabright clarified that this act is applicable only if the previous U.S. Attorney has died, resigned, or is incapacitated.
The disqualification arose from a lawsuit initiated by three men facing federal firearms charges who sought to dismiss their indictments. Despite the disqualification, Judge Seabright ruled that the indictments may proceed.
