California Court Removes ‘Acting’ US Attorney Amid Legal Controversy
Acting US Attorney California: A U.S. district court decided Tuesday that a federal prosecutor who was nominated by the Trump administration without Senate confirmation to be the “acting U.S. attorney” for California’s central district, which includes Los Angeles, was improperly appointed to the position.
California Judge Disqualifies Bilal Essayli as Acting US Attorney, Upholds Key Criminal Charges
U.S. District Judge J. Michael Seabright’s Honolulu decision disqualifies Bilal Essayli from being acting U.S. attorney but also upholds three criminal charges that were filed during his term and that the defendants in those instances contested.
The order was made four weeks after another federal court ruled that Sigal Chattah, Nevada’s federal prosecutor, was not legally operating as the state’s acting U.S. attorney and barred her from overseeing four criminal cases.
The most populous federal court district in the United States, which serves almost 19 million people in seven counties in Central and Southern California, would have a leadership void if the most recent decision is affirmed on appeal.
“Essayli unlawfully assumed the role of acting United States attorney for the Central District of California,” according to Seabright’s judgment on Tuesday, and the court declared him “disqualified from serving in that role.”
According to the court, Essayli was first designated as the Central District’s temporary U.S. attorney in late March by U.S. Attorney General Pam Bondi, and he was permitted by federal law to hold that position for a period of 120 days.
The district court could have assigned a temporary U.S. attorney to fill the gap until it was filled, or the White House could have officially nominated Essayli and secured Senate confirmation by then, according to Seabright.
The judge’s 64-page judgment said that Essayli could not be appointed on an indefinite acting basis, as he was in July, under federal law.
Seabright, however, refused to drop the three charges, which were for suspected gun and racketeering offenses, considering that other prosecutors had legitimately signed them and that there was “no showing of due process violations.”
The U.S. attorney’s office did not fire Essayli. Instead, he continues to serve as the first assistant U.S. attorney and “may perform the functions and duties of that office,” the judge’s decision said.
Essayli is among a number of U.S. attorneys nationwide who have been appointed by the Trump administration via unconventional means.
The Justice Department also used similar personnel actions to retain other top prosecutors, such as Alina Habba, the former personal attorney of U.S. President Donald Trump in New Jersey. A federal court declared Habba’s appointment illegal in August and barred her from taking part in any pending cases. That ruling is being appealed by the Justice Department.