Bill Essayli, the chief federal prosecutor for the Central District of California, was found by a judge Tuesday to be illegally serving as a “de facto” U.S. attorney and thus should be disqualified from two cases.
U.S. District Court Judge J. Michael Seabright ruled that Essayli’s post violates the law for filling federal vacancies. The ruling is expected to spur a slew of other federal defense attorneys to file similar motions challenging Essayli’s appointment and the effort by the White House to sidestep Senate scrutiny.
“Once the word gets out on this, (the court) will be inundated with these things,” said Newport Beach attorney Dean Steward, who brought the case with the federal public defender. “The Trump administration is going around the law (that requires) Senate review for potential U.S. attorneys … because they want to put in their little minions who will do what they want them to do.”
In a prepared statement, Essayli, a former state assemblyman from Riverside County, said he would seek a stay of the ruling and ultimately appeal to the U.S. Supreme Court.
“We respectfully disagree with the court’s order. The President and the Attorney General have every right to select supervisors within the Justice Department,” he said. “Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.”
Appointed in 2025 by then-Attorney General Pam Bondi as an interim United States Attorney, Essayli’s title has changed a few times as challenges arise over whether he can legally act with the powers of a U.S. attorney and whether those powers are legally transferable to him.
Seabright ruled they are not.
It is a ruling that he had made previously, although he said at the time that Essayli could remain on the cases of Jaime Hector Ramirez and Tu Anh Tran as the first assistant U.S. attorney.
Seabright changed his mind Tuesday, basing his decision on a Nevada case in which the court there ruled that the selection of another Bondi appointee, similar to Essayli, was not valid under federal law. The court ruled that appointee should not be overseeing prosecutions. A similar ruling was made concerning the top prosecutor for the Northern District of New York.
Attorney General Todd Blanche recently changed Essayli’s designation in what the court called an attempt to avoid running afoul of federal rules. Blanche allowed Essayli to perform certain functions and duties of the Office of the United States Attorney and transferred to him some of Blanche’s own powers.
“The court rejects the government’s argument that Essayli’s revised designation order is valid because the Attorney General was delegating his own powers, rather than the powers of the office of United States Attorney,” Seabright said. “In sum, Essayli is unlawfully serving as a “de facto” United States attorney, and is disqualified from participating in or supervising the prosecutions of Ramirez and Tran.”
Ramirez was arrested on gun charges in Riverside County and Tran is accused of possessing stolen property in a Santa Ana warehouse.