A federal judge ruled that Bill Essayli has been unlawfully acting like Los Angeles’ top federal prosecutor and barred him from two cases.
Story Highlights
- A judge said Essayli was unlawfully serving as a de facto U.S. Attorney and disqualified him from two prosecutions.
- Federal law limits Attorney General-appointed U.S. Attorneys to 120 days unless a nominee is confirmed.
- The court declined to dismiss the indictments, keeping both cases alive.
- The order was delayed to allow the government to seek a stay and appeal.
Judge Says Appointment Workaround Broke the 120-Day Law
United States District Judge J. Michael Seabright ruled that Bill Essayli was unlawfully serving as a “de facto” United States Attorney after the 120-day limit on interim service expired. The judge said the Justice Department could not give him the full power of the top prosecutor by naming him a special attorney and first assistant. The judge barred him from two prosecutions tied to his authority. The ruling focused on the limit set by federal law for interim United States Attorneys.
Federal law states that an Attorney General appointee may serve only until a President’s pick is confirmed or 120 days pass. Congress wrote that limit in 28 United States Code section 546. After that, the district court can appoint a United States Attorney until the vacancy is filled. The judge’s ruling applied that statute to Los Angeles and found the relabeling did not extend full top-prosecutor powers past the limit.
What Changes Now for the Two Criminal Cases
The judge barred Essayli from taking part in or supervising two cases: United States v. Jaime Hector Ramirez and United States v. Tu Anh Tran. Ramirez faces a felon-in-possession gun and ammunition charge. Tran faces an alleged possession of stolen goods from interstate or foreign shipment. The indictments stand. The court declined to dismiss them, so the cases continue under other federal prosecutors while Essayli is sidelined.
The court’s order did not say every past action he took is void. The ruling targeted who can run or oversee the two prosecutions going forward. That narrow scope matches the judge’s earlier approach, which separated lawful first-assistant tasks from the broader acting United States Attorney role. The focus stayed on the statutory limit and the government’s attempt to preserve top authority through different titles after the time ran out.
Timeline, Delay, and Next Steps
Reports say Essayli became interim United States Attorney in April 2025. Around the time the 120-day period ended, he stepped down and was reclassified as a special attorney and designated first assistant. The judge said that shift could not keep the powers of a United States Attorney beyond what the law allows. The court delayed the order to give the government five business days to seek a stay and appeal, so further action may follow.
For readers, the key is simple: Congress set a 120-day guardrail to prevent endless “acting” control without Senate approval. The judge said that guardrail matters. The indictments remain, but the Department of Justice must run the two cases without Essayli in charge. That keeps prosecutions moving while respecting the limit Congress wrote. The balance here is basic constitutional order: the executive enforces the law, and the courts ensure it follows the rules set by Congress.
Sources:
redstate.com, cbsnews.com, latimes.com, apnews.com
