Federal judge says Los Angeles top prosecutor is serving without lawful authority, blocks him from two cases
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Senior U.S. District Judge J. Michael Seabright found Bill Essayli unlawfully acting as the U.S. attorney in Los Angeles and ordered him removed from overseeing two criminal prosecutions, while delaying enforcement of the ruling pending a possible stay.
Senior U.S. District Judge J. Michael Seabright ruled on Tuesday that Bill Essayli is unlawfully serving as the de facto United States Attorney for the Central District of California. The judge ordered Essayli to be disqualified from supervising two criminal cases, but postponed enforcement of the disqualification while he considers a government request for a stay pending appeal.
Seabright concluded that the Justice Department’s delegation of authority improperly allowed Essayli to exercise powers that are statutorily reserved for a confirmed U.S. attorney, effectively installing him in the top prosecutor’s role without Senate confirmation. "In sum, Essayli is unlawfully serving as a ‘de facto’ United States Attorney," the judge wrote.
Essayli responded that his office had anticipated the ruling and that the matter will ultimately be decided by the Supreme Court. He added that he looks forward to continuing in his current role until that time.
Defense attorney H. Dean Steward, who filed a renewed motion challenging Essayli’s authority, called the decision “a victory for the rule of law and the U.S. Constitution.”
The ruling is part of a broader legal fight over the Trump administration’s practice of installing prosecutors without Senate confirmation. Similar challenges have already led courts to overturn appointments in New Jersey and Virginia.
Seabright declined to dismiss the indictments against the defendants in the two cases, finding that the plaintiffs had not shown the substantial prejudice required for such relief. The order bars Essayli from participating in or supervising those prosecutions.
The judge’s decision follows a Ninth Circuit Court of Appeals ruling that rejected a comparable delegation arrangement for a Nevada prosecutor, holding that the Department of Justice cannot assign full U.S. attorney powers to an unconfirmed official merely by changing the title.
The Justice Department has indicated it will appeal the disqualification and has asked the court to stay the order, warning of potential practical disruptions if the ruling takes immediate effect. Prosecutors have five business days to request a stay, after which the disqualifications would become effective one week later, subject to further judicial review.