A federal judge has ordered Bill Essayli, the top federal prosecutor in Los Angeles, to disqualify himself from overseeing two criminal prosecutions, ruling that he is unlawfully serving in his current role.
The decision by U.S. District Judge J. Michael Seabright on Oct. 27 states that Essayli, who serves as First Assistant U.S. Attorney for the Central District of California, is acting as a de facto United States Attorney without proper legal authorization. The disqualification will not take effect immediately, as the ruling is stayed pending appeal.
Essayli remains in his position as First Assistant U.S. Attorney while the Justice Department reviews the decision. He has indicated that the matter will ultimately be decided by the Supreme Court.
Essayli was appointed as interim U.S. attorney in April 2024 by then-President Donald Trump. His interim appointment expired after 120 days, and he was subsequently redesignated as First Assistant U.S. Attorney by the Attorney General. Federal law requires U.S. attorneys to be confirmed by the Senate, but Essayli has not received a formal nomination or confirmation.
The ruling follows a recent federal appeals court decision in Nevada, which invalidated a similar arrangement involving a federal prosecutor in that state. Judge Seabright cited this precedent in his decision, stating that Essayli’s current designation still grants him unlawful authority to supervise prosecutions.
In a statement, Essayli said he respectfully disagrees with the ruling and maintains that the President and Attorney General have the authority to select supervisors within the Justice Department. He added that the matter will be resolved by the Supreme Court.
The Central District of California covers Los Angeles County and surrounding areas, making Essayli the most senior federal prosecutor in the region. His office handles a wide range of criminal and civil cases, including high-profile prosecutions.
The Justice Department has not yet indicated whether it will seek a stay to delay the disqualification while the appeal process unfolds. Legal experts note that the case raises broader questions about the appointment and confirmation of U.S. attorneys, particularly in situations where interim or acting officials serve without Senate approval.
The ruling does not affect Essayli’s ability to remain in his current role as First Assistant U.S. Attorney, pending further legal action.