Legal Challenge to Interim U.S.Attorney in Los Angeles Raises Concerns Over Validity of criminal Cases
A motion filed by the Federal Defenders of Los Angeles is seeking the removal of Matthew G. Essayli from his position as interim U.S. Attorney for the Central District of California, citing concerns over the legality of his continued service and the potential impact on ongoing criminal prosecutions. The motion argues that Essayli’s authority expired and that the district’s judges should appoint a properly confirmed U.S. Attorney.
The challenge comes amidst a broader pattern identified by legal observers of the Trump management appointing interim U.S. Attorneys without seeking full Senate confirmation. A letter signed last month by over 100 retired state and federal judges urged Nevada’s chief federal district judge not to re-appoint another interim U.S. Attorney, Chattah, citing a history of “racially charged, violence-tinged, and inflammatory public statements.” The judges’ letter characterized these appointments as bypassing the Senate’s constitutional role in confirming U.S.Attorneys, noting that as of July, president Trump had formally nominated only nine of his 37 interim appointees.
The concerns extend beyond the appointment process itself. Essayli,like other controversial interim appointees,has demonstrated strong allegiance to the former president. Since taking office, he has aggressively pursued policies aligned with Trump’s agenda, notably regarding immigration enforcement in Southern California, frequently echoing the former president’s rhetoric.
This approach has reportedly created internal discord within the U.S. Attorney’s office, leading to the departure of dozens of prosecutors due to Essayli’s management style. Furthermore,a recent Los Angeles Times investigation revealed that Essayli’s aggressive prosecution of individuals protesting immigration enforcement has resulted in numerous cases being repeatedly rejected by grand juries or ultimately dismissed.
Even a formal nomination from Trump woudl likely have faced significant obstacles in the Senate. Both California Senators, Alex Padilla and Adam Schiff, have indicated opposition to Essayli’s appointment and possess the power to block his confirmation by withholding a “blue slip” – a customary acknowledgment of support for a nominee.Legal experts have warned that the White House’s attempt to maintain Essayli in office is unprecedented and could jeopardize the validity of criminal indictments. Laurie Levenson, a former federal prosecutor and Loyola Law School professor, stated that the legal basis for Essayli’s continued service is questionable and could lead to indictments being deemed invalid if they were not signed by a lawfully appointed U.S. Attorney. The former president has publicly challenged Senate Judiciary Chair Chuck Grassley to abandon the blue slip tradition, and has even threatened litigation, but Grassley has maintained the existing process.
