Judge Bars Bill Essayli From Two Federal Prosecutions

U.S. District Judge J. Michael Seabright disqualified Bill Essayli from overseeing two federal criminal cases on Tuesday. The judge concluded that the top prosecutor in Southern California is unlawfully serving as a de facto U.S. Attorney. This ruling immediately bars Essayli from participating in or supervising the two prosecutions.

The disqualification does not take effect immediately. The Justice Department has time to request a stay while it appeals the decision. Essayli’s current role stems from a chain of appointments that began when he served as interim U.S. Attorney for 120 days. That appointment lapsed before the president formally nominated him for the post. The U.S. Senate never confirmed his selection.

Following the lapse, then-Attorney General Pam Bondi named Essayli a special attorney and designated him first assistant U.S. Attorney. Judge Seabright had previously allowed Essayli to continue supervising prosecutions under these titles. The judge revisited the issue after the Ninth Circuit ruled against a similar arrangement involving a federal prosecutor in Nevada over the summer. Attorney General Todd Blanche issued a revised designation last month to narrow Essayli’s authority and distinguish his role from the Nevada case.

Seabright found that the modified arrangement still granted Essayli enough power to effectively fill the vacant U.S. Attorney position. The judge wrote that Essayli is unlawfully serving as a de facto United States Attorney. Essayli said in a statement that he respectfully disagrees with the order. He argued that the president and the Attorney General have the right to select supervisors within the Justice Department.

Essayli stated that the Supreme Court will ultimately decide the question. He said he looks forward to serving in his current role until that time. At a news conference Tuesday, Essayli offered a brief reply to the ruling. He said, That case will be decided by the Supreme Court.

The decision arrives as Essayli helps lead a Justice Department effort challenging California over more than 20,000 registered voters. The administration says these individuals are likely noncitizens. The department has asked a federal court to require that ballots tied to those individuals be separated while their eligibility is reviewed. U.S. District Judge David O. Carter said he would rule on that request Wednesday.

Essayli described the voter case as the forefront of the administration’s effort to protect election integrity. He said, We wanna stop illegal voting. We don’t wanna chase it later.