Judge bars top LA prosecutor from two cases over appointment dispute

A federal judge in Southern California has disqualified Bill Essayli from overseeing two criminal cases, ruling that the top prosecutor is unlawfully serving as a de facto U.S. attorney. The decision by U.S. District Judge J. Michael Seabright strips Essayli of his ability to participate in or supervise those specific prosecutions.

The disqualification is not immediate. Seabright allowed the Justice Department time to seek a stay of the order while they prepare an appeal. Essayli, who has held the position since his interim appointment expired after 120 days, said in a statement that he respectfully disagrees with the court's order. He argued that the President and Attorney General have the right to select supervisors within the department and that the Supreme Court will have the final say on the matter.

Essayli was never formally nominated by the president or confirmed by the Senate. He was initially appointed as an interim U.S. attorney by then-Attorney General Pam Bondi. After that term ended, Bondi designated him as a special attorney and first assistant U.S. attorney. Seabright previously allowed Essayli to continue supervising cases under those titles, but revisited the issue after the Ninth Circuit ruled against a similar arrangement for a federal prosecutor in Nevada during the summer.

Attorney General Todd Blanche issued a revised designation last month to narrow Essayli's authority. The change was intended to distinguish his role from the Nevada case. Seabright determined that the modified arrangement still gave Essayli enough power to effectively occupy the vacant U.S. attorney seat. The judge wrote that Essayli is unlawfully serving in that capacity.

The ruling lands at a critical moment for the Justice Department's efforts in California. Essayli has been leading a high-profile challenge against the state regarding more than 20,000 registered voters the administration believes are likely noncitizens. The Department has asked a federal court to require ballots associated with those individuals to be separated while their eligibility is reviewed.

U.S. District Judge David O. Carter is scheduled to issue a ruling on that request on Wednesday. During a news conference on Tuesday, Essayli described the voter case as being on the forefront of the administration's battle for election integrity. He stated that the goal is to stop illegal voting rather than chase it later. When asked about Seabright's new ruling, Essayli told reporters that the case will be decided by the Supreme Court.