Judge disqualifies Trump-appointed US attorney in California

A federal judge disqualified President Trump’s pick for chief federal prosecutor in Los Angeles from several cases after finding he is serving in the temporary post unlawfully.

U.S. District Judge J. Michael Seabright ruled Tuesday that Bill Essayli, acting U.S. attorney for the Central District of California, should have left the position by the end of July, when the clock on his 120-day interim term ran out.

He’s the third Trump appointee whose overstay has been rebuked as the administration struggles to confirm its appointees through the traditional congressional approval process.

“Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California,” the judge wrote.

It was not immediately clear what the actual effect of the order would be, as Seabright allowed Essayli to stay on as first assistant U.S. attorney, the office’s top deputy. The acting attorney wrote in a post on the social platform X that it means that “nothing is changing.”

Essayli was able to maintain his post thanks to an unusual maneuver by Attorney General Pam Bondi, who appointed him first assistant just shy of his 120-day mark and also a special attorney with the apparent authority to serve as acting U.S. attorney as soon as the role became vacant. Then, he vacated the interim role and assumed the acting title.

Seabright, an appointee of former President George W. Bush, wrote that he shares concerns raised by the lawyers of criminal defendants who challenged Essayli’s installation that his ruling seems to offer “little remedy at all” and generally agrees with their contention that the Justice Department “should not be able to accomplish effectively what the statute says [it] cannot do outright.”

“This court’s role, however, is to apply the statutes as written and as interpreted by binding case law,” the judge wrote.

Under federal law, judges on the U.S. Court for the Central District of California could appoint a different interim U.S. attorney until a Trump appointee is confirmed by the Senate.

Essayli is the third U.S. attorney appointed by Trump whose installation has been deemed unlawful by a judge.

Alina Habba, New Jersey’s acting U.S. attorney and a former personal lawyer to Trump, was disqualified in August by a federal judge who found she had unlawfully held the post since July, when her 120-day interim term expired. The Trump administration maneuvered to keep her in the role through a “novel series of legal and personnel moves,” the judge said.

Last week, an appellate court hearing arguments over her appointment seemed skeptical of the Trump administration’s defense. She remains in her post while they weigh her appeal.

Nevada acting U.S. Attorney Sigal Chattah, another Trump loyalist, was disqualified from supervising several criminal cases after a judge ruled last month that her authority expired when her interim term ended. The judge paused the order as the administration’s appeal moves forward.

And a fourth challenge could soon come to bear in two high-profile criminal cases.

Both former FBI Director James Comey and New York Attorney General Letitia James (D) have challenged Trump’s installation of Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia who was handpicked by the president and indicted them. A hearing is set for Nov. 13 over both of their bids.