Judge Rules LA's Top Federal Prosecutor Serving Unlawfully

A US judge ruled on Tuesday that Bill Essayli, the top federal prosecutor in southern California, is "unlawfully serving" as head of the US attorney's office. Judge Michael Seabright disqualified him from overseeing two criminal prosecutions.

The order will not take effect immediately. The justice department has said it intends to appeal.

Seabright found that Essayli was serving illegally even with the "special attorney" and "first assistant" designations the Trump administration gave him. He said Essayli could no longer take part in or supervise the two cases, in which defence attorneys had challenged his position.

A long-running dispute

Essayli, a former Republican state lawmaker and an ally of Donald Trump, became interim US attorney in April 2025. The president never formally nominated him, so he led the office without Senate confirmation.

His interim appointment ended last July. The administration then gave him an "acting" title. After a judge ruled that he was unlawfully serving as US attorney, he was kept on as "first assistant".

In August, a federal appeals court ruled against a justice department leader in Nevada in a similar case. Seabright cited that ruling on Tuesday.

Essayli said he respectfully disagreed with the order. "The President and the Attorney General have every right to select supervisors within the Justice Department," he said in a statement. He expects the Supreme Court to decide the question and plans to stay in his post until then.

H Dean Steward, a defence lawyer who challenged Essayli's position, called the decision a "victory for the rule of law and the US constitution". He said the administration "ignored the laws governing the appointment of US attorneys and got caught in Los Angeles".

Alina Habba, Trump's former personal lawyer, was disqualified in a similar way from the top prosecutor job in New Jersey in December. She stayed on as a senior adviser at the justice department.

Over the past year Essayli has brought cases that fit the Maga agenda, including aggressive action against immigrants and prosecutions of protesters. His latest push is a campaign against "voter fraud". He alleges that thousands of registered voters in California are "likely non-citizens" and wants their ballots set aside. State election officials have forcefully opposed this.

Source: The Guardian