Federal judge rules top federal prosecutor in Los Angeles is serving unlawfully

A federal judge ruled Tuesday that the Justice Department’s top prosecutor in Los Angeles has served unlawfully in his role for months, the latest court to push back on the Trump administration’s efforts to name acting prosecutors. 

U.S. District Judge Michael Seabright ruled that acting U.S. Attorney Bill Essayli, who oversees the Justice Department’s outpost in the Central District of California, cannot participate in prosecuting three people who were charged with gun crimes. The judge rejected a request by the three defendants to toss out their charges altogether.

Essayli — a former California Republican state lawmaker — was named interim U.S. attorney in April, a role that’s typically limited to just 120 days. But days before the clock ran out, Essayli resigned and U.S. Attorney General Pam Bondi immediately named him first assistant U.S. attorney because, under federal law, the holder of that job becomes the office’s acting head when there’s a vacancy. 

Seabright ruled that this maneuver was unlawful because only the first assistant U.S. attorney who is already in place when the office becomes vacant is eligible to become acting chief.

“Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California. He has been unlawfully serving in that capacity since his resignation from the interim role on July 29, 2025,” Seabright wrote. “Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role.”

Seabright said Essayli can continue to serve as first assistant U.S. attorney.

In several states, the Trump administration has sought to keep federal prosecutors in temporary roles for months. Critics argue the administration is trying to sidestep the Senate, which is responsible for confirming permanent U.S. attorneys, and the federal judiciary, which can opt to extend the terms of interim U.S. attorneys in some cases.

Essayli joins two other acting U.S. attorneys — Alina Habba of New Jersey and Sigal Chattah of Nevada — who have been disqualified for similar reasons, though a judge put Chattah’s disqualification on hold pending appeal. 

In addition, two Trump foes who are facing criminal charges — former FBI Director James Comey and New York Attorney General Letitia James — are challenging the appointment of acting U.S. Attorney Lindsey Halligan in the Eastern District of Virginia.