Judge: Essayli can continue to serve in California district

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(The Center Square) – Bill Essayli remains the top prosecutor for the Central District of California after a court ruling on his job title and his qualification to prosecute three criminal defendants.


Essayli, who was appointed by Attorney General Pam Bondi in April in an interim role, stayed past the legal, 120-day period as acting U.S. attorney, but may continue in a job titled "first assistant U.S. attorney," U.S. District Judge J. Michael Seabright ruled in response to motions filed by the defense for three criminal defendants trying to disqualify Essayli from prosecuting them.


The Central District has no one designated as U.S. attorney, which requires Senate confirmation, or “acting U.S. attorney,” which doesn’t require confirmation but has a limited period. That means no attorney in the Central District, which includes Los Angeles, outranks Essayli.


“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, a former Republican Assembly member, said in a post on X. His X page still identifies him as "acting U.S. attorney."


“It’s an honor and privilege to serve President Trump and Attorney General Bondi, and I look forward to advancing their agenda,” said Essayli, who has supported the Trump administration’s efforts to crack down on illegal immigration.


Essayli resigned as acting or interim U.S. attorney July 29, and Bondi appointed him "first assistant U.S. attorney" and gave him the authority to perform the duties of acting U.S. attorney.


"Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California. He has been unlawfully serving in that capacity since his resignation from the interim role on July 29, 2025," Seabright wrote in his 64-page court order, issued Tuesday. "Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role."


Seabright ruled Essayli can’t be involved with the prosecution as acting U.S. attorney in the cases mentioned in the criminal defendants' motions. Seabright is a judge for the U.S. District Court for Hawaii but reviewed the case to avoid potential conflicts of interest for California judges, according to Politico.


But Seabright, who was appointed by President George W. Bush, added Essayli could supervise prosecutions in the cases as “first assistant U.S. attorney." He also noted Essayli could perform all the duties of first assistant U.S. attorney even if the official top position for the Central District, "U.S. attorney," remains vacant. 


“Although Essayli was never lawfully serving as Acting United States Attorney, he remains the FAUSA,” Seabright wrote. "The court has no basis to preclude Essayli from performing the lawful duties of a FAUSA." 


Seabright’s ruling came as a response to a motion to disqualify Essayli as a prosecutor in cases involving three defendants charged with federal firearms violations.


Seabright denied a separate motion to dismiss the indictments. The judge ruled the indictments were legally signed by other attorneys for the federal government and that there had been no violations of due process or other irregularities.

 

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