Judge Bars Top Southern California Prosecutor From Two Criminal Cases

Federal prosecutors in Southern California face a new legal obstacle as a judge ruled that the region's top federal prosecutor is not legally permitted to oversee two active criminal cases. U.S. District Judge J. Michael Seabright issued the ruling on Tuesday, formally disqualifying Bill Essayli from participating in or supervising the two prosecutions.

The court determined that Essayli is unlawfully serving as a de facto United States Attorney. He was not formally nominated by the president or confirmed by the Senate for the position. Instead, he initially served as an interim U.S. attorney under an appointment that expired after 120 days. Subsequently, former Attorney General Pam Bondi designated him as a special attorney and first assistant U.S. attorney.

Seabright had previously allowed Essayli to maintain supervisory roles under these secondary titles. However, the judge revisited the arrangement after the Ninth Circuit Court of Appeals struck down a similar setup involving a federal prosecutor in Nevada during the summer. The court concluded that the current structure still grants Essayli sufficient power to effectively fill the vacant U.S. attorney seat.

The disqualification does not take effect immediately. This delay provides the Justice Department with time to request a stay of the order while it prepares an appeal. Attorney General Todd Blanche issued a revised designation last month intended to narrow Essayli's authority. Seabright found that this modified arrangement failed to distinguish Essayli's role from the rejected Nevada precedent.

Essayli stated that he respectfully disagrees with the order. He argued that the president and the attorney general possess the right to select supervisors within the Justice Department. At a Tuesday news conference, Essayli said the matter will ultimately be decided by the Supreme Court and that he intends to serve in his current role until that decision is rendered.

The ruling arrives as Essayli leads a high-profile Justice Department challenge regarding more than 20,000 registered voters in California. The administration asserts that these individuals are likely noncitizens and has asked a federal court to separate their ballots while eligibility is reviewed. U.S. District Judge David O. Carter is scheduled to rule on that specific request Wednesday.

During the same news conference, Essayli described the voter case as central to the administration's election integrity efforts. He stated, "We wanna stop illegal voting. We don't wanna chase it later."