Federal Court Rules Bill Essayli Unlawfully Serving as U.S. Attorney

UPDATE: A federal court has just ruled that Bill Essayli has been unlawfully serving as the acting U.S. attorney for the Central District of California since late July. This significant decision was delivered by Judge J. Michael Seabright of the Federal District Court in Hawaii on October 29, 2023.

The ruling states that Essayli “is not lawfully serving as Acting United States Attorney.” However, the implications of this order remain somewhat ambiguous, as it allows Essayli to continue his duties as the first assistant U.S. attorney. In his response, Essayli asserted, “For those who didn’t read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California.”

This urgent ruling comes in the wake of motions filed by three defendants who sought to dismiss their indictments and disqualify Essayli from his position. Appointed by the Trump administration, Essayli was sworn in on April 2, 2023, to serve as the interim U.S. attorney for 120 days. As his term neared its end on July 31, Attorney General Pam Bondi appointed him as a special attorney, effective upon his resignation from the interim role.

In his decision, Judge Seabright emphasized that Essayli’s assumption of the acting U.S. attorney role violated the Federal Vacancies Reform Act, which restricts the duration federal prosecutors can serve without Senate approval. “Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California,” Seabright declared. “He has been unlawfully serving in that capacity since his resignation from the interim role on July 29, 2023.”

Despite this ruling, Seabright denied the defendants’ requests to dismiss their indictments, asserting, “the prosecutions remain valid.” This latest ruling marks a continuation of legal challenges against the Trump administration’s appointments to high-ranking positions without proper congressional approval. In August, a federal judge ruled that Alina Habba, a former personal lawyer for Trump, was illegally serving as acting U.S. Attorney for New Jersey after her 12-day interim term expired. Last month, a similar decision was made regarding Sigal Chattah, who was found to have unlawfully served as Acting U.S. Attorney for the District of Nevada. Both cases are currently under appeal.

As the situation develops, the legal community and political observers are closely watching the ramifications of this ruling on the future of federal appointments and ongoing prosecutions in California. Stay tuned for more updates as this story unfolds.