A U.S. judge ruled Tuesday that Bill Essayli, Southern California’s top federal prosecutor, was “unlawfully serving” as head of the U.S. attorney’s office and was disqualified from overseeing two criminal prosecutions.
The order will not take effect immediately, however, and the Department of Justice (DoJ) has announced its intention to appeal.
The move is part of a long-running legal battle challenging the Trump administration’s maneuvers to keep Essayli in power, although she has not been confirmed by the U.S. Senate. Essayli, a former Republican lawmaker and Donald Trump ally, became acting U.S. attorney in April 2025, but he was not formally nominated by the president, allowing him to lead the office without going through the standard confirmation process.
After Essayli’s “acting” appointment ended last July, the Trump administration gave him an “acting” title and then kept him on as “first assistant” after a judge ruled he was illegally serving as U.S. attorney. But in August, a federal appeals court ruled against a Nevada Department of Justice official in a similar case, and the judge in Essayli’s case cited that higher court’s ruling on Tuesday, issuing another order saying he was still acting illegally.
Michael Seabright, the federal judge, said Essayli was carrying out his duties illegally, even with the Trump administration’s “special counsel” and “first assistant” designations, and the judge said he could no longer participate in or supervise two ongoing lawsuits in which lawyers had challenged his position.
“We respectfully disagree with the court’s order,” Essayli said in a statement Tuesday. “The president and the attorney general have every right to select supervisors within the Department of Justice.
“Ultimately, this issue will be decided by the Supreme Court, and I look forward to serving in my current position until then,” he continued.
Alina Habba, Trump’s former personal lawyer, was also disqualified from being New Jersey’s top prosecutor in December, although she remained a senior adviser at the Justice Department.
More details soon …
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