A federal judge has ruled that Bill Essayli, who is the lead federal prosecutor in Southern California, is improperly serving as a “de facto” U.S. attorney and has been disqualified from overseeing two criminal cases. This decision was made by U.S. District Judge J. Michael Seabright, who declared on Tuesday that Essayli could not engage in or supervise these prosecutions.
However, this disqualification will not take immediate effect, allowing the Justice Department time to appeal the ruling. In a statement, Essayli expressed disagreement with the court’s decision, emphasizing, “The President and the Attorney General have every right to select supervisors within the Justice Department.” He also mentioned that he looks forward to the Supreme Court eventually resolving the matter.
Initially, Essayli had served as interim U.S. attorney following an appointment that lapsed after 120 days. He was later appointed as a special attorney by then-Attorney General Pam Bondi and became the first assistant U.S. attorney. Notably, he was never formally nominated by the president or confirmed by the Senate.
Seabright had previously ruled that while Essayli’s current role did not lawfully make him acting U.S. attorney, it allowed him to supervise prosecutions under other titles. Recently, following a Ninth Circuit decision against a similar arrangement involving a Nevada federal prosecutor, Seabright chose to reassess the situation.
In an effort to address the issue, Attorney General Todd Blanche revised Essayli’s designation last month, trying to limit his authority as a means to distinguish his position from that of the Nevada prosecutor. Nonetheless, Seabright concluded that this adjustment still permitted Essayli to effectively hold the vacant U.S. attorney position.
Seabright stated in his ruling, “In sum, Essayli is unlawfully serving as a ‘de facto’ United States Attorney.” This ruling emerged while Essayli has been significantly involved in a high-profile initiative by the Justice Department, contesting over 20,000 registered voters in California that the administration claims are likely non-citizens.
The Justice Department is pushing for a federal court to mandate the separation of ballots linked to these individuals while their eligibility is being assessed. U.S. District Judge David O. Carter is anticipated to provide a ruling on this request shortly.
At a recent news conference, Essayli labeled the case a critical aspect of the administration’s efforts towards ensuring election integrity, stating, “We wanna stop illegal voting. We don’t wanna chase it later.” When a reporter inquired about the implications of Seabright’s ruling, he simply remarked, “That case will be decided by the Supreme Court.”
