Federal judge rules acting U.S. Attorney Essayli has been serving unlawfully for months
LOS ANGELES (KEYT) – On Tuesday, District Judge J. Michael Seabright ruled that acting U.S. Attorney Bill Essayli has been serving as the top prosecutor in the region unlawfully for months.
"Bilal A. Essayli (“Essayli”) is not lawfully serving as Acting United States Attorney for the Central District of California," opened Judge Seabright's decision on Tuesday. "The Attorney General’s July 29, 2025 order did not function to put him in that role. And he has been unlawfully serving in that role since he resigned as Interim United States Attorney."
The challenge to acting U.S. Attorney Essayli's authority was brought by three men facing federal gun charges who were asking to have their respective charges dismissed entirely.
While the federal judge did not dismiss the charges, noting that the charging documents were lawfully signed by other attorneys for the government, Judge Seabright did rule, "He [Essayli] is disqualified from
participating in Defendants’ prosecutions as Acting United States Attorney. Nevertheless, the court denies the requests to dismiss the indictments, and the prosecutions remain valid. And despite Essayli’s unlawful service as Acting United States Attorney, he remains the First Assistant United States Attorney
(“FAUSA”) for the Central District."
Essayli was appointed the interim U.S. Attorney for the Central District of California in March of this year after the previous U.S. Attorney abruptly tendered his resignation in January, just days before the second inauguration of President Trump.
On July 29, Attorney General Pam Bondi appointed Essayli -a former federal prosecutor and elected member of the California Assembly- to serve as the First Assistant U.S. Attorney for the Central District two days before a 120-day statutory limit to his service as an interim U.S. Attorney.
Essayli resigned his position as the First Assistant U.S. Attorney and accepted the Attorney General's appointment as the Acting U.S. Attorney the same day.
"I hereby resign my position as Interim United States Attorney for the Central District of California effective at 5:00 p.m. PDT today, July 29, 2025," read a letter written by then-Interim U.S. Attorney Essayli to Attorney General Pam Bondi on July 29. "I look forward to continuing to lead the U.S. Attorney’s Office for the Central District of California."
At the time, the government argued that Essayli's appointment was legal under the Federal Vacancies Reform Act of 1998, a law that creates a process to temporarily fill vacant positions in the nation's executive branch that require Senate approval.
Despite those arguments, District Judge Seabright noted Tuesday that, "Section 3345(a) [of the Federal Vacancies Reform Act of 1998] is triggered only when “an officer of an Executive agency . . . whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office . . . .” 5 U.S.C. § 3345(a). Under its plain language, § 3345(a) applies to an officer of an Executive agency, but only if that officer’s appointment “is required to be made by the President, by and with the advice and consent of the Senate.” Id. In other words, only the death, resignation, or incapacity of a certain category of officers—those nominated by the President and confirmed by the Senate—can trigger § 3345(a)."
"In sum, because Essayli was not a PAS officer [a position appointed by the President with the advice and consent of the Senate] when he resigned from the position of Interim United States Attorney, his resignation from that position could not and did not trigger § 3345(a)," concluded Judge Seabright.
Essayli isn't the only acting U.S. Attorney facing direct request for disqualification from the position.
An appellate court heard arguments earlier this month about acting U.S. Attorney Alina Habba of New Jersey's position and acting U.S. Attorney Sigal Chattah of Nevada had her disqualification paused by while the U.S. Department of Justice appeals the decision disqualifying her from serving.
'When millions of Americans voted for a change in leadership in November, they voted for a new direction. That choice should not be undermined by political obstruction in Congress or by criminal defendants," argued acting U.S. Attorney Alina Habba on social media regarding the ongoing litigation regarding the legality of her authority.
Additionally, both former Director of the FBI James Comey and New York Attorney General Letitia James have separately challenged the appointment of Lindsey Halligan as interim U.S. Attorney for the Eastern District of Virginia regarding criminal charges levied against them in addition to other dismissal-related claims.
"He [District Judge Seabright] says I have served unlawfully as the acting, but he says I served lawfully as the first assistant. Its a distinction without a difference. And he says so in his order, it doesn't make a difference," stated acting U.S. Attorney Essayli during a press conference announcing federal charges against ten people on Wednesday, Oct. 29, 2025.
