Federal judge disqualifies acting US attorney from overseeing some criminal cases

A federal judge disqualified acting U.S. Attorney for the Central District of California Bill Essayli from overseeing some criminal cases, finding that President Trump's appointee stayed in the temporary job longer than the law allows.

U.S. District Judge for the District of Hawaii J. Michael Seabright, an appointee of former President George W. Bush, on Tuesday disqualified Essayli from supervising the criminal prosecutions in three cases, The Associated Press reported. Seabright wrote that Essayli has been unlawfully serving as acting U.S. attorney since July 29. However, Essayli may continue to serve as a First Assistant U.S. Attorney, effectively leaving him as the office’s top prosecutor, Seabright ruled.

“Nothing is changing,” Essayli posted on social media Tuesday evening, saying he looked forward to advancing Trump’s agenda.

Federal law allows district court judges to appoint an interim U.S. attorney until the vacancy for a permanent prosecutor is filled if one isn't nominated by the president and confirmed by the Senate within 120 days. Essayli has not been confirmed by the U.S. Senate, and Democratic California Sens. Adam Schiff and Alex Padilla have criticized his appointment.

In March, several months after former President Biden’s appointee to the U.S. attorney position resigned, Essayli was appointed as interim U.S. attorney. Just before the 120-day deadline, Attorney General Pam Bondi appointed Essayli as First Assistant U.S. Attorney, saying he would have the authority to serve as acting U.S. attorney upon a vacancy in the role. Essayli then resigned as interim U.S. attorney.

The Trump administration argued that Essayli could serve in this position under the Federal Vacancies Reform Act of 1998, which was passed to regulate the temporary filling of executive branch vacancies that require presidential appointment and Senate confirmation.

However, Seabright said that provision of the law only applies when the prior U.S. attorney dies, resigns, or is otherwise incapacitated.

The lawsuit over Essayli's qualification was brought by three men facing federal firearms charges who sought to have their indictments dismissed. Seabright ruled that the indictments may proceed.