Federal Judge Limits powers of california’s Top Prosecutor
LOS ANGELES (AP) - A federal judge has restricted the authority of Bill Essayli, the acting U.S. Attorney for the Central District of California, ruling tuesday that he has exceeded the legal timeframe for serving in the temporary role. U.S. District Judge J. Michael Seabright disqualified Essayli from supervising criminal prosecutions in three specific cases, agreeing with challenges raised by defense attorneys.
The judge determined Essayli has been unlawfully serving as acting U.S. attorney since July 29th. Though, Seabright permitted Essayli to continue in his position as First Assistant United States Attorney, effectively maintaining his role as the office’s chief prosecutor.
Essayli acknowledged the ruling in a social media post Tuesday evening, stating, “Nothing is changing,” and expressing his commitment to furthering President donald Trump’s agenda.
This decision marks the latest in a series of legal challenges to the Trump management’s attempts to extend the terms of appointed acting U.S. Attorneys beyond the 120-day limit stipulated by federal law. Similar rulings have previously disqualified acting U.S.Attorneys in Nevada (Sigal Chattah, ruled on in september) and New Jersey (Alina Habba, ruled on in August).
Essayli, a former federal prosecutor and current Republican member of the california State assembly, has been a vocal advocate for conservative policies, including criticism of California’s COVID-19 restrictions and stricter enforcement of immigration laws. He has prioritized prosecuting individuals involved in protests against increased immigration enforcement in Southern California.
Federal law dictates that if a permanent U.S. Attorney is not nominated by the President and confirmed by the senate within 120 days, federal district court judges can appoint an interim replacement until a permanent appointment is made. Essayli has not received Senate confirmation – a process typically requiring bipartisan support – and has faced criticism from California senators Adam Schiff and Alex Padilla.
Essayli was initially appointed as interim U.S.Attorney in March, following the resignation of the previous Biden administration appointee. Prior to the 120-day deadline, Attorney General Pam Bondi appointed him First Assistant U.S. Attorney, granting him the authority to serve as acting U.S. attorney in the event of a vacancy. He subsequently resigned as interim U.S. Attorney.
The goverment argued that this maneuver was permissible under the Federal Vacancies Reform Act of 1998, legislation designed to regulate the temporary filling of executive branch positions requiring presidential appointment and Senate confirmation.
Judge Seabright, however, ruled that the Act’s provisions only apply in cases of death, resignation, or incapacitation of the previous U.S. Attorney.
The legal challenge was initiated by three defendants facing federal firearms charges, who sought dismissal of their indictments. Seabright ruled that the indictments may proceed despite his disqualification of Essayli from supervising the prosecutions.
Simultaneously occurring, an appellate court recently heard arguments regarding the appointment of Alina habba, questioning the government’s legal strategies to maintain her position. In Nevada, a judge has temporarily paused his earlier ruling disqualifying Sigal Chattah while the department of Justice appeals the decision, allowing her continued involvement in ongoing cases.
