Federal Judge Disqualifies Acting LA US Atty. Bill Essayli - but He Says the Mission Will Continue

Bill Essayli. (Credit: California State Assembly)

In April, former California state assemblyman Bill Essayli (R-63) was appointed by the Trump administration to be the U.S. attorney for the nation’s largest judicial district, the Central District of California, which covers seven Southern California counties, including Los Angeles.

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Since then, he has become a staunch supporter of President Donald Trump's policies, ICE, law and order, and enforcing immigration laws.

On Tuesday evening, however, a federal judge ruled that his appointment was unlawful because his initial 120-day period had expired and he must be confirmed by the Senate to continue in the role.

The ruling creates leadership uncertainty in the nation’s largest judicial district, the Central District of California, which serves seven counties in the Los Angeles area. The order was issued by Judge J. Michael Seabright of the Federal District Court in Hawaii, who ruled that the Trump appointee, Bill Essayli, “is not lawfully serving as acting United States Attorney” and “cannot continue to perform any role” that job entails.


MORE ESSAYLI: US Atty. Essayli Throws Down Gauntlet, Tells CA to Think Twice Before Enforcing 'No Masks for ICE' Law

Not So Fast, Newsom: Trump-Appointed US Attorney Rains Down on Left's Victory Parade Over National Guard


But what’s the practical effect of the judge’s order? It’s not that big a deal, according to Essayli, who reacted on social media Tuesday night:

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The judge’s ruling allows Essayli to remain as top deputy and first assistant to the U.S. attorney. Meanwhile, the charges he’s filed in several cases will not be thrown out:

The judge also did not dismiss the three criminal cases being prosecuted by the U.S. attorney’s office in which defense lawyers had argued that Mr. Essayli lacked legal standing to prosecute. And while Mr. Essayli could not supervise the cases as the head of the office, the judge ruled, he could supervise them as the office’s top deputy.

The case is similar to that of acting U.S. Attorney for the District of New Jersey and former Trump attorney Alina Habba, who a judge ruled in August was ineligible to continue in that job. Team Trump fought back with a rather novel approach, maneuvering to keep her in the role:

So Habba could remain in the position, Trump withdrew her nomination to be the state’s U.S. attorney. She was appointed both as a special attorney with all the powers of U.S. attorney and as a first assistant, making her acting U.S. attorney.

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That case is currently being considered by the United States Court of Appeals for the Third Circuit in Philadelphia.

All of this could be solved quite quickly if Sen. Chuck Grassley (R-IA) would stop honoring the so-called “blue slip” tradition, where a lone senator can block nominations to district courts and U.S. attorneys’ offices in their state if they don’t like them. In New Jersey, both Democrat Sens. Cory Booker and Andy Kim oppose Habba’s nomination, while in California, Sens. Adam Schiff and Alex Padilla refuse to accept Essayli’s nomination.


MORE: 'DO IT!' Trump Pushes Chuck Grassley Hard to Ditch Senate 'Blue Slip' Tradition, Get Appointees Confirmed


Let the Senate vote, and we can solve it one way or the other.

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

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