California’s Acting U.S. Attorney Disqualified from Certain Cases

The acting U.S. attorney for California has been ruled ineligible to prosecute several cases due to a judge’s decision that deemed his position more extended than simply acting. Nonetheless, the appointee from the Trump administration will still hold the role of the district’s chief prosecutor.

Based on reports, the judge found that Bill Ezeiri has remained in his role past the provisional term he was assigned when he took on the responsibilities for the Central District of California, which is the largest federal prosecutor’s office outside Washington, D.C., since July 29. Ezeiri was sworn in earlier this year on April 2.

In a statement, he expressed, “I follow the orders of the American people, as directed by our duly elected president. That’s how our Constitution works.”

The ruling arises from motions by three criminal defendants who argued that Ezeiri’s service as acting U.S. attorney was unlawful.

U.S. District Judge J. Michael Seabright determined that Ezeiri incorrectly assumed the position of Assistant United States Attorney for the region. According to Seabright, Ezeiri unlawfully maintained that role since stepping down from his interim position on July 29. Thus, he is disqualified from acting as U.S. attorney.

However, reports indicated that the judge did not remove Ezeiri from the prosecutor’s office entirely.

According to the ruling, on July 29, U.S. Attorney General Pam Bondi appointed him as First Assistant U.S. Attorney after she resigned. This move permitted him to remain in the prosecutor’s office and fulfill his FAUSA duties.

Judge Seabright concluded that the charges against the defendants would not be dismissed as other attorneys co-signed alongside Ezeiri. However, he insisted that Ezeiri could no longer prosecute these cases as acting U.S. attorney.

Despite this, Seabright emphasized that the decision does not dismiss Ezeiri from his current role, affirming, “Mr. Ezeiri remains a FAUSA and may continue to perform the roles and duties of that office.” Ezeiri, in response to the ruling, reiterated his commitment to serve as the top federal prosecutor for the Central District of California and expressed his intent to continue advancing the policies of President Trump and Attorney General Bondi.

On a related note, Sen. Adam Schiff (D-Calif.) recently criticized Ezeiri’s position. He pointed out the contradictory nature of Ezeiri’s situation, wondering, “If they are unlawfully performing their duties, why are they being allowed to stay in place?” Schiff suggested that Californians need more substantial relief as political appointees are replacing career professionals.

In his response, Ezeiri reiterated, “I follow the orders of the American people, as directed by our duly elected president. That’s how our Constitution works.” His public profile still refers to him as acting U.S. attorney.

Similar issues have also been raised against other acting U.S. attorneys, suggesting a broader pattern of concern regarding appointed officials.