A federal judge has ruled that Republican Bill Essayli is unlawfully serving as the top federal prosecutor in Los Angeles, marking another setback for the Trump administration’s efforts to keep its preferred candidates in key Justice Department positions without Senate confirmation.
US District Judge J. Michael Seabright ruled on Tuesday that Essayli had no legal authority to continue functioning as the United States attorney for the Central District of California.
Essayli “is unlawfully serving as a ‘de facto’ United States Attorney,” Seabright wrote.
However, the ruling will not take effect until the court decides on the government’s request to suspend the order while it pursues an appeal.
Essayli said he disagreed with the decision, insisting that the president and the attorney general had the authority to appoint supervisors within the Justice Department.
“The president and Attorney General have every right to select supervisors within the Justice Department,” he said.
“Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then,” he added in a statement.
The Trump administration appointed Essayli, a former Republican state lawmaker, as acting US attorney for the Central District of California last year. The district covers Los Angeles.
Federal law limits acting US attorneys to 120 days in office. The restriction is intended to prevent temporary appointments from being extended indefinitely without the Senate’s involvement, a process that generally requires some bipartisan support.
As Essayli approached the end of the 120-day period, then-Attorney General Pam Bondi appointed him as First Assistant US Attorney.
In October 2025, Seabright barred Essayli from supervising several criminal cases, ruling that he had remained in the temporary position beyond the period permitted by law. The judge, however, allowed him to continue serving as a first assistant.
The administration did not appoint another acting US attorney, leaving Essayli effectively in charge of federal prosecutions in the district.
Essayli has become a prominent figure in the Trump administration’s disputes with California, particularly over alleged healthcare fraud and claims of widespread voting by non-US citizens.
California has resisted federal efforts to stop election officials from counting ballots cast by as many as 20,000 people whom the Trump administration suspects are not US citizens.
In Tuesday’s ruling, Seabright said fresh legal questions had emerged over Essayli’s position following an August decision by the US Court of Appeals for the Ninth Circuit in a similar case.
The appeals court ruled that Sigal Chattah, the Trump administration’s initial choice to lead federal prosecutions in Nevada, had been unlawfully appointed to the position.
Seabright said Bondi’s decision to appoint Essayli as a special attorney and designate him as First Assistant US Attorney was identical to the arrangement used for Chattah.
He also rejected the argument that a revised designation issued by current Attorney General Todd Blanche had resolved the legal concerns by reducing some of Essayli’s responsibilities.
According to the judge, “nothing in the revised designation order materially distinguishes it from the Chattah designation order deemed improper in” the appeals court ruling.
The decision adds to a series of legal setbacks for the administration over the appointment of interim federal prosecutors.
A judge in New Jersey disqualified acting US attorney Alina Habba last year, while another judge ruled in January that John Sarcone was not lawfully serving as acting US attorney for the Northern District of New York.
Essayli previously worked as a federal prosecutor before entering California state politics as a Republican legislator. During his time in the Legislature, he championed conservative causes and criticised the state’s COVID-19 restrictions.
He has also strongly opposed California policies aimed at protecting immigrants living in the country illegally and has pursued prosecutions against people who protest the Trump administration’s intensified immigration enforcement operations across Southern California.
