Federal Judge Rules Acting U.S. Attorney for Central District of California Not Lawfully Serving

A federal judge ruled yesterday that Bill Essayli is “not lawfully serving” as the Acting U.S. Attorney for the Central District of California, though declined to dismiss existing criminal indictments challenged on those grounds, a decision that could impact ongoing federal prosecutions.

Senior U.S. District Judge J. Michael Seabright of Hawaii, presiding after recusals by Los Angeles-based judges, determined Essayli “unlawfully assumed the role” in July. However, Seabright allowed Essayli to continue in the office as First Assistant U.S. Attorney, stating he could “perform the functions and duties of that office.” The judge noted there was no evidence Essayli’s supervision had “improperly interfered with the grand jury process or led to any other specific actions that prejudiced Defendants.”

Essayli, a former California assemblyman, was initially appointed by Attorney General Pam Bondi in April, and the Trump administration extended his term through an unusual legal maneuver bypassing Senate confirmation. This practice of appointing loyalists without Senate approval has faced increasing legal scrutiny nationwide, with similar challenges arising in New Jersey and Nevada. During a news conference last month, when questioned about the motion to disqualify him, Essayli stated, “the president won the election,” asserting his authority came from the presidential mandate.

The Department of Justice declined to comment on the ruling, citing ongoing litigation. Assistant U.S. Attorney Alexander P. Robbins previously indicated the government anticipates Essayli’s term will conclude on February 24, leaving the position of Acting U.S. Attorney vacant thereafter.