Federal judge rules Bill Essayli unlawfully serving as de facto US attorney in California
A federal judge has ruled that Bill Essayli is unlawfully serving as a de facto US attorney in Southern California and barred him from overseeing two criminal prosecutions. The decision challenges the authority under which he has led the office, though it will not take effect immediately, allowing the Justice Department time to seek a stay while appealing.
Essayli’s 120-day interim appointment expired, and he was later named a special attorney and first assistant, without being nominated by the president or confirmed by the Senate. Judge J. Michael Seabright concluded a revised designation by Attorney General Todd Blanche still gave Essayli the authority of the vacant post, following a Ninth Circuit ruling on a similar Nevada appointment. The decision comes as Essayli helps lead a federal effort concerning more than 20,000 California voters the administration says may be noncitizens.
In short
- Judge says Essayli is unlawfully acting as a de facto US attorney.
- He is barred from supervising two criminal cases, pending a possible stay.
- The ruling comes amid a federal dispute over California voter eligibility.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The ruling can be seen as protecting the constitutional appointment process: a temporary appointment has a fixed limit, and giving the same person substantially the same authority under a different title could undermine the requirement for presidential nomination and Senate confirmation. Applying the Ninth Circuit’s reasoning consistently also supports predictable limits on executive power and safeguards the legitimacy of prosecutions.
The case against
The Justice Department can argue that the attorney general has lawful authority to assign experienced lawyers to lead an office, and that Essayli’s revised designation gave him a distinct role rather than simply extending an expired interim appointment. Preventing him from overseeing prosecutions before the appeal is resolved may disrupt the office’s work, so allowing time for a stay and appellate review could be justified.
Explained simply
US attorneys lead federal prosecutions in a particular region and oversee the local office of the Justice Department. They are generally nominated by the president and confirmed by the Senate; when a post is vacant, an interim appointment can provide temporary leadership.
Bill Essayli is a Justice Department lawyer who has led the federal prosecutor’s office in Southern California under temporary and later revised designations. The dispute concerns whether those designations allowed him to exercise the powers of the vacant US attorney post after his interim appointment ended.
The office handles federal criminal cases, so questions about who can direct it may affect prosecutions and the authority of its decisions. Essayli has also been involved in a federal effort concerning California voters whom the administration says may not be US citizens.