Federal judge rules Bill Essayli unlawfully serving as Southern California US attorney

A federal judge on Tuesday ruled that Bill Essayli, the top federal prosecutor in Southern California, was "unlawfully serving" as head of the U.S. attorney’s office and ordered that he be removed from supervising two criminal prosecutions. The order is not yet effective, and the Department of Justice said it will appeal the decision.

Essayli, a former Republican state lawmaker and ally of Donald Trump, was appointed as an interim U.S. attorney in April 2025 without a formal presidential nomination, allowing him to lead the office without Senate confirmation. After his interim term ended last July, the Trump administration gave him an "acting" title and later retained him as a "first assistant" following a prior court ruling.

The judge, Michael Seabright, cited a recent appellate decision in a similar Nevada case and concluded that Essayli’s continued service, even under the "special attorney" and "first assistant" designations, remained unlawful. He barred Essayli from participating in or overseeing the two pending prosecutions.

"We respectfully disagree with the court’s order," Essayli said in a statement. "The President and the Attorney General have every right to select supervisors within the Justice Department. Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then."

Defense attorney H. Dean Steward, who challenged Essayli’s appointment, described the ruling as a "victory for the rule of law and the U.S. Constitution," adding that the Trump administration had ignored appointment laws. The decision follows a similar disqualification of Alina Habba, a former personal lawyer to Donald Trump, from a top prosecutor role in New Jersey earlier this year.