Judge Bars Trump-Appointed Prosecutor from Two Cases
Trump-appointed prosecutor Bill Essayli was barred from two criminal cases after a judge ruled his U.S. attorney appointment illegal; the DOJ will appeal.
Bill Essayli has been barred from overseeing two criminal cases after a federal judge ruled he was unlawfully serving as head of the U.S. attorney’s office in southern California.
The order does not take effect immediately, and the Department of Justice has said it will appeal.
Judge finds appointment illegal
Essayli, a former Republican state legislator and ally of former President Donald Trump, was installed as an interim U.S. attorney in April 2025 without a formal presidential nomination, allowing him to lead the office without Senate confirmation.
When the interim term ended last July, the Trump administration gave him an “acting” title, then retained him as a “first assistant” after a prior judge ruled he was unlawfully serving. A federal appellate court later rejected a similar appointment in Nevada, and the presiding judge cited that decision when issuing a new order on Tuesday.
U.S. District Judge Michael Seabright said Essayli was illegally serving even with the “special attorney” and “first assistant” designations and ordered him to step back from supervising the two prosecutions that had challenged his status.
The situation echoes the December removal of Alina Habba from a top prosecutor role in New Jersey, where a court also found the appointment contrary to statutory requirements. Together, the cases illustrate a pattern of judicial scrutiny over the administration’s use of interim and acting titles.
Essayli issued a statement saying he respectfully disagrees with the court’s order, asserting that the President and the Attorney General have the right to select supervisors within the Justice Department, and that the issue will ultimately be decided by the Supreme Court.
Earlier, Alina Habba was similarly disqualified from a top prosecutor position in New Jersey, though she remained a senior adviser at the Justice Department.
Over the past year, Essayli has pursued cases that align with the MAGA agenda, including aggressive immigration deportations, prosecutions of protesters, and a voter-fraud campaign alleging thousands of registered voters may be non-citizens—a claim state election officials have strongly opposed.
