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Federal judge rules top US prosecutor in Los Angeles isn't legally serving

Federal judge rules top US prosecutor in Los Angeles isn't legally serving

Summary

A federal judge ruled that Bill Essayli is unlawfully serving as the top U.S. prosecutor for the Central District of California. The order will not take effect until the court decides whether to pause it during the government’s appeal; Essayli said he plans to remain in the role while the case proceeds.

Key Facts

  • U.S. District Judge J. Michael Seabright said Essayli is unlawfully serving as a de facto U.S. attorney.
  • Essayli was appointed acting U.S. attorney by the Trump administration last year.
  • Federal law limits acting U.S. attorneys’ service to 120 days.
  • After that 120-day period, then-Attorney General Pam Bondi appointed Essayli as first assistant U.S. attorney.
  • The administration did not appoint another acting U.S. attorney, leaving Essayli as the district’s top prosecutor in practice.
  • Seabright said Essayli’s appointment resembled one the 9th U.S. Circuit Court of Appeals had found unlawful in a Nevada case.
  • Attorney General Todd Blanche later revised Essayli’s designation, but Seabright said the changes did not materially distinguish it from the Nevada appointment.
  • The ruling will not take effect until the court rules on the government’s request to pause it during an appeal.
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