A U.S. district judge on Tuesday disqualified Bilal Essayli from serving as acting U.S. attorney for California’s Central District, ruling that his appointment by the Trump administration was unlawful.
The decision, delivered by Judge J. Michael Seabright in Honolulu, disqualifies Essayli from continuing as acting U.S. attorney but allows three criminal indictments filed during his tenure to stand, after defendants in those cases challenged his appointment.
The ruling follows a similar decision earlier this month, in which another Trump-appointed federal prosecutor, Sigal Chattah, was barred from overseeing cases in Nevada after a court found her appointment invalid.
Judge Seabright noted that Essayli’s appointment violated federal law, explaining that the Attorney General’s interim authority lasts only 120 days. After that, the White House must formally nominate a U.S. attorney and secure Senate confirmation, or a district court must appoint a temporary official.
“Essayli unlawfully assumed the role of acting United States attorney for the Central District of California,” Seabright wrote in his 64-page order, adding that he was “disqualified from serving in that role.”
Despite the disqualification, the judge ruled that the indictments involving alleged racketeering and firearms offences were lawfully signed by other prosecutors and did not violate due process.
Essayli remains in the U.S. Attorney’s Office as first assistant U.S. attorney, a position in which he may perform routine functions.
The case adds to a growing controversy over appointments made by the Trump administration . In a related case, a federal judge in August ruled that Alina Habba, Trump’s former personal lawyer, had also been unlawfully appointed as acting U.S. attorney in New Jersey a decision the Justice Department is currently appealing.
