A federal judge ruled on Tuesday that Bill Essayli, the U.S. attorney for the Southern District of California, was unlawfully occupying his position and issued an order disqualifying him from overseeing two specific criminal prosecutions. The ruling will not take immediate effect, as the Department of Justice indicated its intention to file an appeal.
Essayli, a former Republican state legislator and Trump administration ally, initially became interim U.S. attorney in April 2025 without presidential nomination, allowing him to serve without Senate confirmation. After his interim appointment expired last July, the Trump administration reassigned him with an “acting” title. Following a judge’s ruling that this arrangement violated federal law, the administration subsequently designated him as a “first assistant.” A federal appellate court ruling in August regarding a similar case in Nevada informed the Tuesday decision.
Federal Judge Michael Seabright found that Essayli continued acting unlawfully despite his various title changes and designations. Essayli responded by stating his disagreement with the ruling, asserting that the president and attorney general possess authority to select supervisory personnel within the Justice Department. He indicated he expects the case to reach the Supreme Court and stated his intention to remain in his current role pending that outcome.
Defense attorney H Dean Steward, who challenged Essayli’s position, characterized the decision as supporting constitutional governance and the rule of law. A similar situation occurred in New Jersey, where former Trump personal attorney Alina Habba was disqualified from a top prosecutor position in December but remained in a senior Justice Department advisory role.
During his tenure, Essayli has brought forward prosecutions focusing on immigration enforcement and pursued what observers describe as initiatives aligned with administration priorities. More recently, he has undertaken efforts targeting what he characterizes as non-citizen voter registrations in California, actions that state election officials have opposed.
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