Essayli barred from acting US attorney title, can perform duties as first assistant

Acting U.S. Attorney Bilal A. Essayli of Los Angeles "is not lawfully serving" in his job and has not been doing so since July 31, a federal judge ruled Tuesday. But as a practical matter, Essayli can continue running the largest U.S. attorney's office in the country for the foreseeable future.

Senior U.S. District Judge J. Michael Seabright of the District of Hawaii, who was appointed by 9th U.S. Circuit Court of Appeals Chief Judge Mary H. Murguia after all the Central District judges were recused from the matter, ruled that Essayli cannot supervise several criminal prosecutions as acting U.S. attorney.

But Seabright ruled that Essayli was "properly appointed" as Special Attorney and "designated" as First Assistant U.S. Attorney of the Central District by Attorney General Pam Bondi.

"The court has no basis to preclude Essayli from performing the lawful duties of a [First Assistant U.S. Attorney]," Seabright wrote. "And in that capacity, he could supervise these prosecutions (even though he cannot do so as Acting United States Attorney)."

In a post on X, Essayli wrote Tuesday night that "nothing is changing."

"I continue serving as the top federal prosecutor in the Central District of California," he wrote. "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."

The debate over the appointments of Essayli and two other acting U.S. attorneys has turned on how to interpret the Federal Vacancies Reform Act of 1998.

Judges have ruled that two other acting U.S. attorneys -- Alina Habba in New Jersey and Sigal Chattah in Nevada -- have been serving unlawfully.

But while the U.S. Department of Justice has appealed those rulings and they remain in office due to stays, Seabright concluded that Bondi's maneuver would work in Essayli's case - assuming she and President Donald Trump want to keep him.

Seabright, an appointee of President George W. Bush, wrote that Essayli could remain in charge of the U.S. attorney's office in Los Angeles, but just couldn't use the title of Acting U.S. Attorney.

"The court shares defendants' concerns that this result appears to 'be little remedy at all,'" wrote Seabright, who also rejected the federal public defender's office motion to dismiss indictments against three men.

"This court's role, however, is to apply the statutes as written and as interpreted by binding case law," Seabright wrote. "The result - that Essayli may perform certain functions and duties as the [First Assistant U.S. Attorney] -- stems from the power of the Attorney General to delegate authority." U.S. v. Ramirez, 25-cr-00264 (C.D. Cal., filed Aug. 13, 2025).

Deputy Federal Defender James A. Flynn argued during an Oct. 14 hearing that the FVRA was intended to be "a narrow exception" for "unexpected vacancies, not a way to avoid Senate confirmation of U.S. attorneys for extended periods of time.

Trump never nominated Essayli, a former state legislator, to the U.S. Senate. Bondi first appointed him as interim U.S. attorney on March 27 and took office April 2 for a 120-day term. On July 29, he resigned, and Bondi appointed him as Special Assistant and First Assistant U.S. Attorney.

Asked about whether his leadership of the U.S. attorney's office could continue, Essayli told the Los Angeles in August: "We've got some tricks up our sleeves."

Seabright appeared to agree.

It's not entirely clear how long Essayli could remain in charge of the U.S. attorney's office. The FVRA limits acting U.S. attorneys to 210 days, although that time can be extended if the president nominates someone else to be U.S. attorney who is not confirmed.