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Judge Rules Trump Appointee Illegally Serving as Federal Prosecutor in California

A federal judge disqualified Bill Essayli, appointed by President Trump, for unlawfully serving as top prosecutor in southern California.

Judge Rules Trump Appointee Illegally Serving as Federal Prosecutor in California

Gedalia Vera/Wikimedia Commons

A federal judge ruled on Tuesday that Bill Essayli, the top federal prosecutor in southern California, was unlawfully serving as the head of the U.S. attorney’s office and disqualified him from overseeing two criminal prosecutions. The ruling is part of an ongoing legal battle over Essayli’s appointment, which bypassed Senate confirmation.

Background of Essayli’s Appointment and Legal Challenges

Bill Essayli, a former Republican state lawmaker and ally of President Donald Trump, was appointed interim U.S. attorney for southern California in April 2025 without Senate confirmation. After his interim appointment ended in July, the Trump administration gave him an acting title and later designated him as a first assistant, despite a judge previously ruling that he was unlawfully serving. The Department of Justice intends to appeal the latest ruling.

Judge’s Ruling and Its Implications

Federal judge Michael Seabright cited a recent federal appellate court decision against a Nevada justice department leader in a similar case. He declared that Essayli’s continued service, even with the designations of “special attorney” and “first assistant,” was illegal. Consequently, Essayli was barred from participating in or supervising two ongoing prosecutions where his appointment had been challenged.

Responses from Key Figures

Essayli responded to the ruling by stating, “The President and the Attorney General have every right to select supervisors within the Justice Department.” He expressed confidence that the Supreme Court will ultimately decide the matter and said he looks forward to serving in his current role until then.

Conversely, H Dean Steward, a defense lawyer who challenged Essayli’s position, called the decision a “victory for the rule of law and the US constitution.” Steward accused the Trump administration of repeatedly violating laws governing the appointment of U.S. attorneys, describing the ruling as a rebuke of efforts to install loyalists as chief federal prosecutors.

Context of Essayli’s Tenure and Similar Cases

Over the past year, Essayli has gained attention for pursuing cases aligned with the MAGA agenda, including aggressive immigration deportations and prosecutions of protesters. Recently, he launched an effort to challenge thousands of California voter registrations by alleging many were likely non-citizens, a move opposed by state election officials.

Similar legal challenges have affected other Trump allies, such as Alina Habba, who was disqualified from serving as the top prosecutor in New Jersey in December but remained in a senior advisory role at the Justice Department.

This ruling marks another chapter in the ongoing dispute over the legal limits of presidential appointments within the Justice Department under President Trump’s administration.

Though the order disqualifies Essayli from overseeing specific prosecutions, it does not take immediate effect pending the Department of Justice’s appeal.

James Fortner Reporter, Mount Olive Chronicle

Covers public safety, courts, and law enforcement. Criminal justice background from Fayetteville State University. The Chronicle's primary FOIA and public records specialist. More →

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