Judge: 120-day limit makes LA federal prosecutor's service unlawful

U.S. District Judge J. Michael Seabright ruled on Tuesday that Bill Essayli is not legally serving as the top federal prosecutor in Los Angeles. The decision places another legal barrier in the path of the Trump administration's strategy to maintain handpicked acting U.S. attorneys beyond the 120-day limit established by federal law. In his written order, Seabright stated that Essayli is unlawfully serving as a de facto United States Attorney.

Essayli, a Republican and former state legislator, was appointed as Acting U.S. Attorney for the Central District of California last year. This role covers the Los Angeles area. To extend his tenure, then-Attorney General Pam Bondi named him First Assistant U.S. Attorney shortly before the 120-day statutory limit expired. The administration has not named a replacement, which has left Essayli in charge of the district.

The legal conflict escalated in October 2025 when Seabright disqualified Essayli from overseeing specific criminal cases. The judge concluded at that time that Essayli had held the temporary position longer than the law permits. Although Essayli was allowed to continue as First Assistant, the administration's failure to appoint a new acting U.S. attorney effectively kept him as the district's lead prosecutor.

Seabright's current ruling relies on an August decision by the 9th U.S. Circuit Court of Appeals. That appellate court found that Sigal Chattah, the administration's choice for U.S. attorney in Nevada, was unlawfully appointed. Seabright noted that Bondi's appointment of Essayli as a special attorney and her designation of him as First Assistant were identical to the steps taken with Chattah.

Essayli argued that the president and the Attorney General have the right to select supervisors within the Justice Department. He stated that the Supreme Court will settle the question and that he looks forward to staying in his current role until a final decision is reached. The ruling will not take effect until the court decides on the government's motion for a stay pending appeal.

Other courts have reached similar conclusions regarding interim U.S. attorneys installed by the administration. A judge in New Jersey disqualified acting U.S. attorney Alina Habba last year. In January, a judge ruled that John Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York. Attorney General Todd Blanche issued a new designation for Essayli that trimmed some of his duties, but Seabright said nothing in that revised order materially distinguishes it from the improper Chattah designation.

Essayli has become a public figure in the administration's disputes with California. These disputes range from alleged health care fraud to recent claims of widespread noncitizen voting. California has resisted federal efforts to stop election officials from counting the ballots of as many as 20,000 people the administration suspects are not U.S. citizens.