Court Rules Trump Appointed US Attorney Holds Post Illegally

By Joseph Lord
Joseph Lord
Joseph Lord
Joseph Lord is a congressional reporter for The Epoch Times.
October 28, 2025Updated: October 28, 2025

Acting U.S. Attorney for the District of Central California Bill Essayli on Tuesday was barred by a federal judge from overseeing several criminal cases after the judge ruled that Essayli currently holds the post illegally.

In a ruling, U.S. District Judge J. Michael Seabright wrote that Essayli has been serving in his role as top prosecutor for the Southern California district unlawfully since July 29.

“Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney,” Seabright wrote. “He is disqualified from serving in that role.”

The ruling comes in response to a suit brought by multiple defendants currently facing prosecution under Essayli, who sought to have him disqualified from overseeing their cases.

The ruling bars Essayli from overseeing three criminal cases on gun-related charges. Seabright denied the defendants’ request to have their charges dismissed altogether.

The ruling comes in the context of a larger push by the Trump administration to keep select U.S. attorneys in their posts beyond a 120-day limit set by law.

Normally, U.S. attorneys have to be appointed by the president and confirmed by the Senate within those 120 days. Otherwise, federal judges for the district are empowered by federal law to select an interim replacement.

However, in Essayli’s case and others, the administration has made procedural bids to keep handpicked U.S. attorneys in their posts beyond the 120-day limit.

Essayli was appointed to serve as interim U.S. attorney for the Central District of California on April 2. On July 29, he resigned from the position without having won Senate approval to remain in the job.

U.S. Attorney General Pam Bondi then immediately appointed Essayli first assistant U.S. attorney. Under federal law, the individual holding this position is named acting head of the office when there’s a vacancy.

Seabright ruled that this maneuver didn’t enable Essayli to continue acting in the post.

“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 in the decision.

Essayli is the third acting U.S. attorney to have their qualifications challenged on similar grounds.

Judges have previously disqualified two acting U.S. attorneys, including Alina Habba of New Jersey and Sigal Chattah of Nevada, on similar grounds. However, the decision to disqualify Chattah has been put on hold pending appeal.