A federal judge ruled that Bill Essayli has been “unlawfully serving” as the top U.S. prosecutor for the Central District of California, which includes los angeles, and disqualified him from supervising two criminal prosecutions, the court filings say.
U.S. District Judge J. Michael Seabright wrote that Essayli “is unlawfully serving as a ‘de facto’ United States Attorney,” and ordered that he cannot participate in or supervise the prosecutions of Jaime Hector Ramirez and Tu Anh Tran, though the order is stayed briefly while the government seeks appellate relief.
The ruling follows a series of appellate decisions finding similar Trump-era interim appointments unlawful. The court noted that Attorney General Todd Blanche’s recent revised designation for Essayli did not materially differ from earlier designations the 9th Circuit found improper in related cases, and therefore did not cure the defect the judge identified.
The judge delayed the immediate effect of his disqualification to give the government time to file for a stay pending appeal; one report says the government has five business days to seek that relief. Essayli said in a statement he disagrees with the ruling and expects the matter may be decided by the Supreme Court.
Legal observers and defense attorneys have said the decision could prompt more challenges to other interim U.S. attorneys installed under the same appointment approach. The opinion cites a recent 9th Circuit ruling that found a similar appointment unlawful and references earlier disqualifications in other districts.
The development arrives amid broader questions about the Justice Department’s use of acting appointments. For background on related DOJ litigation and oversight questions, see an article about a separate lawsuit that can proceed and reporting on internal DOJ actions involving senior officials.
Internal links: Maurene Comey lawsuit against DOJ, Todd Blanche DOJ judicial-misconduct
Sources
- U.S. News (AP) — court ruling that Essayli is “unlawfully serving” and background on related appellate decisions
- CBS Los Angeles — details that Seabright barred Essayli from supervising two prosecutions and delayed the order while the government seeks a stay
- Orange County Register — reporting on the judge’s legal reasoning and the role of Attorney General Todd Blanche’s revised designation
