Los Angeles, California: Judge Disqualifies Bill Essayli and Rules He Serves Unlawfully as De Facto US Attorney

A federal judge in Los Angeles ruled on Tuesday, October 27, that Bill Essayli is unlawfully serving as the top federal prosecutor in Southern California and disqualified him from two criminal cases. Senior U.S. District Judge J. Michael Seabright found the Justice Department had given Essayli the full powers of a U.S. attorney by calling him a special attorney and first assistant, a title change the judge said did not cure the problem.

What the judge ordered

Seabright barred Essayli from participating in or supervising the prosecutions of Jaime Hector Ramirez, charged with being a felon in possession of a firearm and ammunition, and Tu Anh Tran, charged with possessing property stolen from interstate or foreign shipment. The judge declined to dismiss the indictments in either case, finding that the defendants had not shown the substantial prejudice required for that remedy. "In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney," Seabright wrote.

The disqualification will not take effect right away. The order is automatically stayed while the Justice Department seeks a longer stay pending appeal. Prosecutors have five business days to file that request, and if the judge denies it, the bar would take effect a week later unless a higher court steps in.

How Essayli stayed in charge

Essayli, a former Republican state Assembly member from Riverside, was sworn in as interim U.S. attorney for the Central District of California in April 2025. He was never nominated by the president or confirmed by the Senate. As his interim appointment reached its 120-day limit, he resigned and was named a special attorney and first assistant by then Attorney General Pam Bondi, a move meant to keep him leading the office.

Seabright previously found that the arrangement did not lawfully make Essayli acting U.S. attorney, but allowed him to supervise prosecutions in his other roles. Attorney General Todd Blanche issued a revised designation on September 23 that held back three powers reserved for a confirmed U.S. attorney. At an October 13 hearing, Seabright questioned what that order changed. On Tuesday he concluded it changed nothing in practice, writing that withholding the three powers mentioned "in reality withholds nothing."

Why the Nevada case changed the answer

The ruling follows a Ninth Circuit decision that rejected a similar arrangement for Nevada prosecutor Sigal Chattah. The appeals court found the department could not keep an unconfirmed official in charge of a U.S. attorney's office simply by giving that official a different title and the full powers of the job.

Defense attorney H. Dean Steward, who filed the renewed challenge in August, called the ruling "a victory for the rule of law and the U.S. Constitution," the Los Angeles Times reported. The case echoes clashes elsewhere, including in New Jersey, where Alina Habba stepped aside after appellate judges ruled her appointment invalid. Seabright noted the president still has not nominated anyone for the Los Angeles post.

What happens next

Essayli said he disagrees with the order. "The President and the Attorney General have every right to select supervisors within the Justice Department," he said in a statement, adding that the question will be decided by the Supreme Court and that he looks forward to serving in his current role until then. The Justice Department plans to appeal.

For the Central District, which covers Los Angeles and six other counties, the ruling leaves the office in a holding pattern. Essayli keeps running it while the stay fight plays out, and the question of who can run a U.S. attorney's office without Senate confirmation moves to the appeals courts.