Judge Rules Essayli Served Unlawfully, Sparks Challenges

U.S. District Judge J. Michael Seabright ruled that Bill Essayli has been unlawfully serving as Acting U.S. Attorney for the Central District of California since July 29, finding the Justice Department violated the Federal Vacancies Reform Act and the 120-day limit on interim U.S. attorneys. Seabright disqualified Essayli from performing the functions of the U.S. Attorney in three criminal cases brought by defense lawyers but declined to dismiss the indictments because other lawfully appointed prosecutors co-signed them. The judge concluded Attorney General Pam Bondi’s July 29 maneuver to reclassify Essayli as First Assistant and as a “Special Attorney” could not legally reset the FVRA clock, although he was allowed to remain in the office as First Assistant and continue supervising district work under that title. The decision is the third federal rebuke of Trump-era temporary U.S. attorney appointments and raises questions about the legitimacy of prosecutions overseen by unconfirmed acting officials. Legal observers say the ruling could have implications for other controversial interim picks, including Lindsey Halligan, and has prompted similar challenges from defendants nationwide.