A federal judge has ruled that Bill Essayli is unlawfully serving as Los Angeles’ top federal prosecutor, ordering him barred from overseeing two criminal cases while the Justice Department seeks an appeal. Senior U.S. District Judge J. Michael Seabright concluded that Essayli’s role as first assistant U.S. attorney effectively made him a de facto U.S. attorney, a position requiring Senate confirmation under federal law.
Seabright’s order, issued Tuesday, disqualifies Essayli from the two prosecutions but delays enforcement pending a potential government request for a stay. The judge rejected the Justice Department’s legal arrangement that allowed Essayli to lead the office without confirmation, stating the delegation of authority was unlawful.
Essayli’s office responded that the ruling was anticipated and that the case would ultimately be decided by the Supreme Court. In a statement, Essayli said he would continue serving in his current role until a final resolution. The Justice Department has not yet commented publicly on the ruling.
The dispute stems from a broader legal challenge to the Trump administration’s efforts to install federal prosecutors without Senate confirmation. In December, a similar ruling forced the resignation of Alina Habba, who had served as New Jersey’s top federal prosecutor before an appeals court found her appointment unlawful. Legal experts note that Virginia is also facing a similar case, highlighting a pattern of contested appointments nationwide.
A defense attorney, H. Dean Steward, who filed the motion challenging Essayli’s authority, called the decision a victory for the rule of law. In a statement, Steward accused the Trump administration of violating federal appointment laws to install politically aligned prosecutors. The Justice Department has not publicly addressed these allegations.
Federal law requires U.S. attorneys to be nominated by the president and confirmed by the Senate. The Justice Department has argued that Essayli’s role as first assistant allows him to temporarily assume the duties of U.S. attorney in an acting capacity, a position not subject to Senate confirmation. Seabright’s ruling rejects this interpretation, stating the delegation of powers was too broad to comply with the law.
The case raises questions about the legality of acting appointments in federal prosecutor roles, a practice that has been contested in multiple jurisdictions. Legal scholars suggest the Supreme Court may ultimately need to clarify the scope of acting appointments under federal law.
Essayli, a former Trump administration official, was appointed to his position in 2025. His leadership of the Los Angeles U.S. Attorney’s Office has drawn scrutiny amid broader debates over the independence of federal prosecutors from political influence.
The Justice Department has until a court-determined deadline to file a request for a stay, which would pause the disqualification while an appeal proceeds. If no stay is granted, Essayli would be barred from the two cases pending further legal action.