UPDATE: A federal judge has just ruled that Bill Essayli has been unlawfully serving as the interim U.S. attorney for the Central District of California since late July. The ruling, delivered by Judge J. Michael Seabright of the Federal District Court in Hawaii on October 29, 2023, raises significant questions about the Trump administration’s appointment practices.
In his decision, Judge Seabright stated that Essayli “is not lawfully serving as Acting United States Attorney for the Central District of California.” The ruling stems from motions filed by three defendants seeking to dismiss indictments against them, citing Essayli’s improper appointment.
The order’s immediate impact remains somewhat unclear. While Essayli is disqualified from continuing in the acting U.S. attorney role, he may still perform his duties as first assistant U.S. attorney. In response, Essayli asserted, “For those who didn’t read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California.”
Essayli was initially appointed by the Trump administration and sworn in on April 2, 2023, for a 120-day interim term. As his term neared its end on July 31, 2023, Attorney General Pam Bondi appointed him as a special attorney, effective upon his resignation as interim U.S. attorney. However, Judge Seabright ruled that Essayli’s continuation in the role violated the Federal Vacancies Reform Act, which limits the time federal prosecutors can fill positions without Senate confirmation.
“Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California,” Judge Seabright stated. “He has been unlawfully serving in that capacity since his resignation from the interim role on July 29, 2023. He is disqualified from serving in that role.”
Despite the judge’s ruling regarding Essayli, the requests from the defendants to dismiss their indictments were denied, with Judge Seabright confirming that “the prosecutions remain valid.”
This decision marks another setback for the Trump administration’s efforts to fill high-ranking positions without the necessary congressional approval. Earlier this year, a federal judge ruled that Alina Habba, a former personal lawyer to Trump, was illegally serving as acting U.S. Attorney for New Jersey. Additionally, a ruling last month determined that Sigal Chattah had unlawfully served in the same capacity for the District of Nevada. Both cases are currently under appeal.
The implications of Judge Seabright’s ruling could resonate throughout the legal system, as it highlights ongoing challenges related to the appointments of federal officials. As this story develops, observers will be keen to see how the Trump administration responds to these legal setbacks.
Stay tuned for updates on this breaking news story, as the legal landscape continues to shift in response to these significant rulings.
