Top federal prosecutor in LA not legally serving, judge rules

A federal judge on Tuesday ruled that Bill Essayli, the First Assistant U.S. Attorney for the Central District of California, is unlawfully serving as the top prosecutor in Los Angeles.

U.S. District Judge J. Michael Seabright wrote in his order that the former California State Assembly member “is unlawfully serving as a ‘de facto’ United States Attorney” and is “disqualified from participating in or supervising” cases.

Seabright, who was appointed by former President George W. Bush, also wrote that the Department of Justice (DOJ) unlawfully delegated powers that have kept Essayli in the role after the 120-day legal limit for acting U.S. attorneys. The order will go into effect after the court rules on the government’s motion for a stay pending appeal.

Essayli learned about Seabright’s ruling in the Los Angeles Times and told the outlet that his office expected it.

“Just so there’s no confusion, today’s order is stayed and has no immediate effect,” he wrote on the social platform X . “I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.”

The Trump administration appointed Essayli last year to serve in an acting capacity, with former Attorney General Pam Bondi appointing him to be the first assistant U.S. attorney before the 120-day limit hit.

Seabright blocked Essayli from overseeing criminal cases after declaring that the prosecutor was in the role longer than legally allowed in October 2025.

He wrote on Tuesday that his appointment was “identical” to that of the Trump administration’s appointee for U.S. attorney in Nevada, Sigal Chattah, who the 9th Circuit Court of Appeals found to be unlawfully appointed .

The defense attorney who challenged Essayli’s authority in August, H. Dean Steward, called Seabright’s ruling “a victory for the rule of law and the U.S. Constitution.”

“The Trump administration ignored the laws governing the appointment of U.S. Attorneys and got caught in Los Angeles,” Steward told the Times. “Trump and his Department of Justice violated the law again and again in an effort to install minions as chief federal prosecutors.”

Essayli has overseen the DOJ’s legal fight with California officials over 20,000 noncitizens allegedly on state voter rolls. The prosecutor said the department’s request to California counties to identify potential noncitizens on their voter rolls was “simple” and said election officials not complying with the DOJ will be held accountable.

The Trump administration has sought to install prosecutors across the country without confirmation in the Senate, but this has opened up more legal battles.

An appeals court ruled in December that the administration’s choice to be New Jersey’s top prosecutor, Alina Habba, was unlawfully appointed. Another federal judge found in January that Lindsey Halligan “ may not serve ” as U.S. attorney for the Eastern District of Virginia because of an unlawful appointment.