Category: California

California judge disqualifies Trump’s LA-area prosecutor — but he’s not going anywhere

An acting U.S. attorney in California was disqualified from prosecuting several cases after a judge ruled that he overstayed his temporary status in that role. However, the Trump appointee will continue to serve as the district’s top prosecutor.

A judge ruled that Bill Essayli has overstayed his temporary tenure as the acting U.S. attorney for the Central District of California — the largest attorney’s office outside of D.C. — since July 29, the AP reported. Essayli was sworn in on April 2 of this year.

‘I do the American People’s bidding at the direction of their duly elected President. That’s how our Constitution works.’

The ruling relates to three criminal defendants who sought to have their cases dismissed on the grounds that Essayli was illegally serving as acting U.S. attorney.

U.S. District Court Judge J. Michael Seabright wrote in his ruling on the case, “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, Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role.”

However, NBC Los Angeles reported that Seabright declined to remove Essayli fully from the prosecutor’s office.

RELATED: Federal judge rules Alina Habba is not lawfully acting as US attorney for NJ

Tom Williams/CQ-Roll Call, Inc via Getty Images

According to the order, U.S. Attorney General Pam Bondi appointed Essayli as first assistant U.S. attorney, or FAUSA, on July 29, effective upon his resignation as interim U.S. attorney. This allowed him to remain in the prosecutor’s office and to perform FAUSA duties, as Judge Seabright affirmed.

Seabright concluded that the criminal cases against the three defendants would not be dismissed because other attorneys legitimately co-signed next to Essayli, though Essayli would not be allowed to continue prosecuting those cases in his former capacity as acting U.S. attorney.

However, Seabright noted this case does not remove Essayli from his current role as FAUSA: “Essayli remains the FAUSA and may perform the functions and duties of that office.”

“For those who didn’t read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California. It’s an honor and privilege to serve President Trump and Attorney General Bondi, and I look forward to advancing their agenda for the American People,” Essayli, whose X profile still calls him the “Acting U.S. Attorney” for the district, said in a Tuesday post that included a portion of the opinion.

Late Tuesday, Sen. Adam Schiff (D-Calif.) attacked Essayli in light of the judge’s opinion. “’Unlawfully serving’ in his role. Acting illegally. But left in place? While this Administration continues to replace career professionals with illegitimate political allies eager to do Trump’s bidding, Californians need better relief than this,” he said.

In response, Essayli posted, “I do the American People’s bidding at the direction of their duly elected President. That’s how our Constitution works. Try reading and abiding by it sometime.”

Acting U.S. Attorney of Nevada Sigal Chattah and acting U.S. Attorney of New Jersey Alina Habba have faced similar attacks in recent months.

Blaze News contacted Essayli’s office for comment.

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