Essayli Vows to Stay On as Judge Rules He's Serving Unlawfully

Bill Essayli, the Trump administration’s top federal prosecutor in Los Angeles, says he isn’t going anywhere after a federal judge ruled Tuesday that he is unlawfully serving as a “de facto” U.S. attorney, according to Fox News and CBS Los Angeles.

U.S. District Judge J. Michael Seabright disqualified Essayli from participating in or supervising two criminal prosecutions, CBS Los Angeles reported. But the judge delayed his order and gave the federal government five business days to seek a stay pending appeal, according to CBS Los Angeles, and he declined to dismiss the two indictments.

“Just so there’s no confusion, today’s order is stayed and has no immediate effect,” Essayli said in a post on X late Tuesday. “I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.”

What the judge ruled

“In sum, Essayli is unlawfully serving as a ‘de facto’ United States Attorney, and is disqualified from participating in or supervising the prosecutions of Ramirez and Tran,” Seabright wrote, according to CBS Los Angeles.

Those cases involve Jaime Hector Ramirez, who is charged with being a felon in possession of a firearm and ammunition, and Tu Anh Tran, who is charged with possessing property stolen from an interstate or foreign shipment, CBS Los Angeles reported.

Essayli first served as interim U.S. attorney under an appointment that expired after 120 days, Fox News reported. Then-Attorney General Pam Bondi then appointed him a special attorney and designated him first assistant U.S. attorney, according to Fox News, and he was never formally nominated by the president or confirmed by the Senate.

Seabright had previously found that arrangement did not make Essayli acting U.S. attorney but let him keep supervising prosecutions under his other titles, Fox News reported. After the Ninth Circuit ruled against a similar setup involving a federal prosecutor in Nevada, Seabright revisited the issue, according to Fox News, citing the Los Angeles Times. Attorney General Todd Blanche issued a revised designation last month to narrow Essayli’s authority, but Seabright ruled the new arrangement still effectively put Essayli in the vacant U.S. attorney job, Fox News reported.

Essayli: “Every right to select supervisors”

“We respectfully disagree with the court’s order,” Essayli said in a statement to Fox News. “The President and the Attorney General have every right to select supervisors within the Justice Department. Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.”

The fight is part of a broader battle over how the administration fills top prosecutor posts. Appeals courts have ruled against similar appointments of John Sarcone in Albany and Sigal Chattah in Nevada, and the federal government appealed those cases to the Supreme Court earlier this month, according to CBS Los Angeles.

The noncitizen voter fight

The ruling lands as Essayli helps lead a high-profile Justice Department challenge to California over more than 20,000 registered voters the administration says are likely noncitizens, Fox News reported. The department has asked a federal court to require that ballots tied to those individuals be separated while their eligibility is reviewed, and U.S. District Judge David O. Carter said he would rule Wednesday on that request, according to Fox News.

“I think this case is really on the forefront of the administration’s battle to fight for election integrity,” Essayli said at a news conference Tuesday, according to Fox News. “We wanna stop illegal voting. We don’t wanna chase it later.”

Asked about Seabright’s ruling at that news conference, Essayli kept it short, Fox News reported: “That case will be decided by the Supreme Court.”

The Central District of California covers seven counties, including Los Angeles, Riverside, San Bernardino and Orange, and nearly 20 million people, making it the largest federal judicial district in the country, according to CBS Los Angeles.

Sources cited

Sources

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Daily Beltway
Tom McCullaghhttps://dailybeltway.com
Tom is a credentialed White House correspondent and the founder and editor of Daily Beltway, an independent news outlet covering the White House, Congress and federal policy from a conservative perspective. He reports from the White House and Capitol Hill and writes daily analysis of administration actions, congressional votes and federal agency decisions. Daily Beltway is independently owned and operated, with no corporate or party ownership. Contact: tom@dailybeltway.com

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