Judge bars Essayli from leading two federal prosecutions

U.S. District Judge J. Michael Seabright ruled Tuesday that Bill Essayli is disqualified from overseeing two criminal cases in Southern California. The judge determined that Essayli is unlawfully serving as a de facto U.S. attorney. Under the order, Essayli may not participate in or supervise the prosecutions in these specific matters. The disqualification is not immediate, allowing the Justice Department time to request a stay while it appeals the decision.

Essayli initially held the position as an interim U.S. attorney under an appointment that expired after 120 days. Attorney General Pam Bondi subsequently named him a special attorney and designated him first assistant U.S. attorney. The president did not formally nominate him for the primary post, and the U.S. Senate never confirmed his appointment. Seabright previously found this arrangement insufficient to make Essayli the acting U.S. attorney but permitted him to continue supervising cases under his secondary titles.

The judge revisited the issue following a summer ruling by the Ninth Circuit Court of Appeals. That decision struck down a similar arrangement involving a federal prosecutor in Nevada. Attorney General Todd Blanche issued a revised designation last month to narrow Essayli's authority and distinguish his role from the Nevada case. Seabright concluded that the modified arrangement still granted Essayli sufficient power to effectively fill the vacant U.S. attorney position. The judge wrote that Essayli is unlawfully serving as a de facto United States Attorney.

In a statement provided to Fox News, Essayli said he respectfully disagrees with the order. He argued that the president and the attorney general have the right to select supervisors within the Justice Department. Essayli stated that the Supreme Court will ultimately decide the question and that he intends to serve in his current role until then. At a news conference on Tuesday, he reiterated that the case will be decided by the Supreme Court.

The ruling coincides with Essayli's leadership of a high-profile Justice Department effort concerning more than 20,000 registered voters in California. The administration asserts these individuals are likely noncitizens. The department has asked a federal court to require that ballots tied to these voters be separated during eligibility reviews. U.S. District Judge David O. Carter is scheduled to rule on that request on Wednesday.

Essayli described the voter case as central to the administration's effort to protect election integrity. He stated, We wanna stop illegal voting. We don't wanna chase it later. The Justice Department plans to appeal the disqualification order in the two criminal cases.