Judge Rules LA Prosecutor Essayli Is Unlawfully Serving as U.S. Attorney

Federal courts have repeatedly scrutinized the Trump administration’s method for filling U.S. Attorney vacancies. On Tuesday, U.S. District Judge J. Michael Seabright ruled that Bill Essayli is not legally serving as the top federal prosecutor in Los Angeles.

Seabright wrote that Essayli is "unlawfully serving as a 'de facto' United States Attorney." The decision adds to a series of legal hurdles facing the administration’s strategy to extend acting U.S. attorneys beyond the 120-day limit set by federal law. This limit exists to ensure Senate confirmation, a process that typically requires bipartisan support.

Essayli, a former Republican state lawmaker, was appointed by the Trump administration last year as Acting U.S. Attorney for the Central District of California. Just before the 120-day statutory limit expired, then-U.S. Attorney General Pam Bondi appointed him as First Assistant U.S. Attorney. The administration did not appoint a new acting U.S. attorney, leaving Essayli as the de facto head of the office.

In October 2025, Seabright disqualified Essayli from overseeing several criminal cases because he had stayed in the temporary role longer than the law allowed. At that time, the judge permitted him to continue serving as a First Assistant U.S. Attorney. Tuesday’s ruling expands that limitation to his entire status as the top prosecutor.

The judge based the new decision on an August ruling from the 9th U.S. Circuit Court of Appeals. That appeals court found that Sigal Chattah, the administration’s initial pick for the Nevada U.S. Attorney position, was unlawfully appointed. Seabright noted that Bondi’s appointment of Essayli to the same roles was "identical" to the appointment of Chattah.

U.S. Attorney General Todd Blanche issued a new designation order that reduced some of Essayli’s duties. However, Seabright stated that nothing in the revised order materially distinguishes it from the designation in the Chattah case, which the appeals court deemed improper.

Essayli said he does not agree with the court’s order. In a statement, he asserted that the president and the Attorney General "have every right to select supervisors within the Justice Department." He added, "Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then."

The ruling will not take effect immediately. It is suspended while the court considers the government’s motion for a stay pending appeal. Judges in New Jersey and New York have issued similar rulings against other interim U.S. attorneys appointed by the administration.