Judge disqualifies Essayli from two California cases, ruling he is a "de facto" US attorney

Mixed · 2Senior US District Judge J. Michael Seabright ruled on Tuesday 27 October that Bill Essayli cannot participate in or supervise the prosecutions in two criminal cases, finding he is unlawfully serving as a "de facto" US attorney in Southern California. 1 2 Mixed · 2The disqualification does not take effect immediately, which gives the Justice Department time to seek a stay pending appeal. 1 2 Mixed · 2Essayli said in a statement, "We respectfully disagree with the court's order," and that the President and Attorney General "have every right to select supervisors within the Justice Department." He said the question "will be decided by the Supreme Court" and that he looks forward to serving in his current role until then. Raw Story reported that he said the order is automatically stayed while the government seeks a full stay pending appeal. 1 2

Right · 1Essayli first served as interim US attorney under an appointment that expired after 120 days. Then-Attorney General Pam Bondi then appointed him a special attorney and designated him first assistant US attorney. He was never formally nominated by the president or confirmed by the Senate. 1 Mixed · 2Seabright ruled in October 2025 that Essayli was not lawfully acting US attorney but let him keep supervising prosecutions under his other titles. He wrote then that the outcome "appears to be little remedy at all," according to Bloomberg Law as cited by Raw Story. 1 2 Mixed · 2Seabright revisited the issue after the Ninth Circuit ruled over the summer against a similar arrangement for a federal prosecutor in Nevada, Sigal Chattah. Attorney General Todd Blanche issued a revised designation last month to narrow Essayli's authority, but Seabright found it still gave him enough authority to effectively occupy the vacant post, writing, "In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney." 1 2

Right · 1The ruling came as Essayli helps lead a Justice Department effort over more than 20,000 California registered voters the administration says are likely noncitizens. Judge David O. Carter said he would rule Wednesday on the department's request to have their ballots separated while eligibility is reviewed. 1 Left · 1Reaction split along political lines. Allies of President Trump criticised the judiciary: RedState's Jennifer Van Laar sarcastically wrote "We don't have activist judges here, no, sir" and urged Senate Majority Leader John Thune to scrap the blue slip custom, and Ed Martin said "Impeaching Judges is Necessary at Times." Journalist Marcy Wheeler mocked Essayli, saying he "was playacting." 2