A federal judge Tuesday ruled that Acting U.S. Atty. Bill Essayli is \u201cnot lawfully serving\u201d in his position, but declined to dismiss criminal indictments that were challenged by defense attorneys over his status. <\/p>\n
Senior Judge J. Michael Seabright from the District of Hawaii was brought in to oversee motions seeking to disqualify Essayli after federal judges in Los Angeles recused themselves. In his ruling, Seabright said Essayli \u201cunlawfully assumed the role of Acting United States Attorney\u201d in July but can nevertheless remain in charge under a different title.<\/p>\n
Seabright said Essayli \u201cremains the First Assistant United States Attorney\u201d and can \u201cperform the functions and duties of that office\u201d even if he is forced to shed his \u201cacting\u201d designation.<\/p>\n
Essayli, a former Riverside County assemblyman, was appointed as the region\u2019s interim top federal prosecutor by U.S. Atty. Gen. Pam Bondi in April.<\/p>\n
The top prosecutors in charge of U.S. Attorney\u2019s offices are supposed to be confirmed by the U.S. Senate or a panel of federal judges, but the Trump administration has circumvented the normal process in order to allow Essayli and others to remain on the job without ever facing a vote.<\/p>\n
Essayli\u2019s temporary appointment was set to expire in late July, but the White House never moved to nominate him to a permanent role, instead opting to use an unprecedented legal maneuver<\/a> to shift his title to \u201cacting,\u201d extending his term for an additional nine months.<\/p>\n Challenges to Essayli\u2019s appointment were brought in at least three different criminal cases, with defense lawyers arguing<\/a> that charges brought under his watch are invalid. The federal public defender\u2019s office in Los Angeles asked the judge to disqualify Essayli from participating in and supervising criminal prosecutions in the district.<\/p>\n In his decision, Seabright said he shared the concerns of federal public defenders that a ruling not to dismiss indictments and allow Essayli to retain his authority would \u201cbe little remedy at all.\u201d <\/p>\n But Seabright said there had been no showing that Essayli\u2019s supervision in the acting role had \u201cimproperly interfered with the grand jury process or led to any other specific actions that prejudiced Defendants.\u201d <\/p>\n He said that although Essayli could not continue to be the acting U.S. Attorney, \u201cincluding prosecuting or supervising these cases in that role,\u201d the court \u201chas no basis to preclude Essayli from performing the lawful duties\u201d of first assistant U.S. Attorney.<\/p>\n \u201cAnd in that capacity, he could supervise these prosecutions,\u201d Seabright wrote.<\/p>\n The Department of Justice declined to comment on any of the rulings, citing ongoing litigation.<\/p>\n Seabright\u2019s ruling comes amid similar challenges across the country to the Trump administration\u2019s tactics for installing loyalists who wield the power to bring criminal charges and sue on the government\u2019s behalf. <\/p>\n A federal judge in August determined Alina Habba<\/a> has been illegally occupying the U.S. attorney post in New Jersey, although that order was put on hold pending appeal. Last month, a federal judge disqualified Nevada\u2019s top federal prosecutor, Sigal Chattah, from several cases, concluding she \u201cis not validly serving as acting U.S. attorney.\u201d Chattah\u2019s disqualification is also paused while the Department of Justice appeals the decision.<\/p>\n