Federal judge disqualifies Trump-appointed prosecutor for ‘unlawfully serving’ in role
Bill Essayli, a former GOP lawmaker and ally of president, has not been confirmed by the Senate in his role A US judge ruled on Tuesday that Bill Essayli, the top federal prosecutor in southern California, was “unlawfully serving” as the head of the US attorney’s office and was disqualified from overseeing two criminal prosecutions. The order, however, will not immediately go into effect, and the Department of…
Key points
- A federal judge ruled that Bill Essayli, the top federal prosecutor in southern California, is unlawfully serving and barred him from two criminal prosecutions.
- The order will not take effect immediately, and the Justice Department has said it plans to appeal.
- The judge cited an August appellate ruling in a similar Nevada case in finding Essayli still unlawfully serving.
A US judge ruled on Tuesday that Bill Essayli, the top federal prosecutor in southern California, was unlawfully serving as head of the US attorney's office and was disqualified from overseeing two criminal prosecutions.
The order will not take effect immediately, and the Department of Justice has said it intends to appeal. The ruling came in a long-running legal battle over the Trump administration's efforts to keep Essayli in office without Senate confirmation.
How Essayli stayed in the role
Essayli, a former Republican state lawmaker and ally of Donald Trump, became an interim US attorney in April 2025 but was not formally nominated by the president, letting him lead the office without the standard confirmation process.
After his interim appointment ended last July, the administration gave him an acting title, then kept him on as a first assistant after a judge found he was unlawfully serving. In August, a federal appellate court ruled against a Nevada justice department leader in a similar case, and the judge in Essayli's case cited that ruling on Tuesday in issuing another order that he was still unlawfully serving.
We respectfully disagree with the court’s order
— Bill Essayli
What the judge and lawyers said
Michael Seabright, the federal judge, said Essayli was illegally serving even with a special attorney and first assistant designation, and could no longer participate in or supervise two ongoing prosecutions where attorneys had challenged his position.
Essayli said in a statement that he respectfully disagrees with the order and that the president and attorney general have every right to select Justice Department supervisors. Defense lawyer H Dean Steward, who challenged Essayli's position, told the LA Times the decision was a victory for the rule of law and the US constitution.
