Court Rules Bill Essayli Illegally Served as Acting U.S. Attorney

UPDATE: A federal court has just ruled that Bill Essayli unlawfully served as acting U.S. attorney for the Central District of California, a critical decision with immediate implications for federal legal proceedings. This ruling was issued on October 29, 2023, by Judge J. Michael Seabright of the Federal District Court in Hawaii, declaring that Essayli’s tenure as interim U.S. attorney has been invalid since late July.

In his ruling, Judge Seabright stated that Essayli “is not lawfully serving as Acting United States Attorney for the Central District of California,” a decision that could significantly impact ongoing prosecutions in the region. Despite the ruling, the court clarified that while Essayli cannot continue in his acting role, he will remain in his position as first assistant United States attorney.

Essayli, who was appointed by the Trump administration and sworn in on April 2, 2023, was initially designated for a 120-day interim term. As that term approached its end on July 31, Attorney General Pam Bondi appointed him as a special attorney, contingent upon his resignation as interim U.S. attorney. Judge Seabright ruled that this appointment violated the Federal Vacancies Reform Act, which restricts how long officials can serve without Senate approval.

“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 this setback for Essayli, Judge Seabright denied motions from three defendants seeking to dismiss their indictments, reaffirming that “the prosecutions remain valid.” This ruling comes amid a series of similar legal challenges against the Trump administration’s appointments to high-ranking positions without proper congressional oversight. In August, a federal judge ruled that Alina Habba, a former personal attorney for Trump, illegally served as acting U.S. attorney for New Jersey after her short interim term expired. Last month, a similar ruling was made regarding Sigal Chattah, who was found to have unlawfully held the position of acting U.S. attorney for the District of Nevada.

As the legal implications of this ruling continue to unfold, observers are urged to pay close attention to how this affects ongoing cases and the Trump administration’s approach to federal appointments. Stay tuned for more updates as this situation develops.