A federal judge has ruled that Bill Essayli, the Republican appointed by President Donald Trump to serve as the top US prosecutor in Los Angeles, is not legally serving in the role. The judge disqualified Essayli from overseeing two criminal prosecutions, but the Department of Justice said it intends to appeal.
Michael Seabright, the federal judge overseeing the case, said Essayli was illegally serving even with the Trump administration’s designations of “special attorney” and “first assistant.” The ruling stems from a long-running challenge to the administration’s maneuvers to keep Essayli in office without Senate confirmation. Essayli became an interim US attorney in April 2025 but was never formally nominated by the president. After that interim appointment ended last July, the administration gave him an “acting” title, then kept him on as a “first assistant” after a judge ruled he was unlawfully serving as US attorney. In August, a federal appellate court ruled against a similar arrangement in Nevada, and Seabright cited that higher court’s ruling in issuing Tuesday’s order.
“We respectfully disagree with the court’s order,” Essayli said in a statement. “The President and the Attorney General have every right to select supervisors within the Justice Department.” The order does not take effect immediately while the DoJ appeals.
In other developments: Flávio Bolsonaro, the son of jailed former Brazilian president Jair Bolsonaro and the recently defeated rightwing presidential candidate, landed in Miami on Wednesday. He had been ordered to turn over his passport after his election defeat in connection with a money-laundering investigation, but instead fled overland to Argentina before flying to the US via Ecuador. A senior state department official said the US would issue visas to Bolsonaro and his family.
Republican Senator Lisa Murkowski of Alaska broke with her party to endorse Democrat Jonathan Kreiss-Tomkins in the state’s gubernatorial contest. She called him “a young Alaskan with a view and a perspective that I think Alaska needs right now, a freshness of energy” and “a commonsense guy who has a known ability to be working together.”
With less than a week until the midterm elections, President Trump is set to campaign in Ohio for Republican Senate candidate Jon Husted, while Vice President JD Vance will campaign in North Carolina for Republican Senate candidate Michael Whatley. Former President Barack Obama will campaign in Georgia for incumbent Senator Jon Ossoff and gubernatorial candidate Keisha Lance Bottoms.
Analysis
Why This Matters
- The ruling challenges the Trump administration's use of interim appointments to bypass Senate confirmation, raising constitutional questions about executive power.
- Essayli’s disqualification from two prosecutions could affect those cases and set precedent for similar challenges against other acting officials.
- The legal battle comes less than a week before midterm elections, adding to political scrutiny of the administration’s Justice Department appointments.
Background
The Vacancies Act allows temporary appointments to certain federal positions without Senate confirmation, but courts have limited its use. The Trump administration has frequently employed acting officials, drawing legal challenges. In August 2026, a federal appellate court ruled against a similar arrangement for a Nevada justice department leader, a decision that Judge Seabright cited in his order against Essayli.
Key Perspectives
- Federal Judge Michael Seabright: ruled that Bill Essayli was illegally serving as US attorney for the Central District of California, even with “special attorney” and “first assistant” designations, and disqualified him from overseeing two criminal prosecutions.
- Bill Essayli: expressed disagreement, saying “the President and the Attorney General have every right to select supervisors within the Justice Department.”
- Department of Justice: said it intends to appeal the ruling, delaying its immediate effect.
What to Watch
- The DoJ’s appeal and whether a higher court upholds or reverses the disqualification.
- The status of the two criminal prosecutions from which Essayli was removed.
- Potential fallout for other Trump administration acting officials whose appointments face similar legal challenges.
Checked
12 claims in this story checked against 1 source: 8 supported.
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- Partly supportedThe Department of Justice is appealing the ruling.World news | The Guardian: “The order, however, will not immediately go into effect, and the Department of Justice (DoJ) has said it intends to appeal.”
- SupportedA federal judge ruled Bill Essayli is not legally serving as Los Angeles’s top US prosecutor and disqualified him from overseeing two criminal prosecutions.World news | The Guardian: “A federal judge has ruled that Republican Bill Essayli is not legally serving as the top US prosecutor in Los Angeles. Essayli was disqualified from overseeing two criminal prosecutions.”
- SupportedThe ruling continues a legal battle over keeping Essayli in office without Senate confirmation.World news | The Guardian: “The ruling was part of a long-running legal battle challenging the Trump administration’s maneuvers to keep Essayli in office despite not being confirmed by the US Senate.”
- SupportedEssayli was illegally serving despite the administration’s “special attorney” and “first assistant” designations.World news | The Guardian: “Michael Seabright, the federal judge, said Essayli was illegally serving, even with a “special attorney” and “first assistant” designation by the Trump administration”
- SupportedEssayli became an interim US attorney in April 2025 but was not formally nominated by the president.World news | The Guardian: “became an interim US attorney in April 2025, but he was not formally nominated by the president”
- SupportedThe appellate court ruled against a similar arrangement in Nevada in August, and Seabright cited that ruling in issuing Tuesday’s order.World news | The Guardian: “in August, a federal appellate court ruled against a Nevada justice department leader in a similar case, and the judge overseeing Essayli’s case cited that higher court’s ruling on Tuesday”
- SupportedEssayli said, “We respectfully disagree with the court’s order” and “The President and the Attorney General have every right to select supervisors within the Justice Department.”World news | The Guardian: ““We respectfully disagree with the court’s order,” Essayli said in a statement on Tuesday. “The President and the Attorney General have every right to select supervisors within the Justice Department.””
- Partly supportedThe order does not take effect immediately while the DoJ appeals.World news | The Guardian: “The order, however, will not immediately go into effect, and the Department of Justice (DoJ) has said it intends to appeal.”
- Partly supportedFlávio Bolsonaro fled overland to Argentina and then flew to the US via Ecuador.World news | The Guardian: “Reuters and other outlets have reported that the defeated candidate and his family fled to Argentina overland before flying to the US via Ecaudor.”
- SupportedMurkowski called Kreiss-Tomkins “a young Alaskan with a view and a perspective that I think Alaska needs right now, a freshness of energy”.World news | The Guardian: “She said that Kreiss-Tomkins, by contrast, is “a young Alaskan with a view and a perspective that I think Alaska needs right now, a freshness of energy”.”
- SupportedMurkowski called Kreiss-Tomkins “a commonsense guy who has a known ability to be working together.”World news | The Guardian: “She described him as a “a commonsense guy who has a known ability to be working together”.”
- Partly supportedTrump is set to campaign in Ohio for Jon Husted, while JD Vance will campaign in North Carolina for Michael Whatley.World news | The Guardian: “Donald Trump will return to Ohio on Wednesday to campaign for Republicans in the state, as the GOP looks to hold onto the seat currently occupied by Senator Jon Husted. ... JD Vance ... will continue a cross-country air campaign by heading east to North Carolina, where he’ll back Republican Senate candidate Michael Whatley”