A federal judge has determined that Bill Essayli is not lawfully serving as the acting U.S. attorney in Los Angeles — yet he will continue to steer the office in a different capacity.

October 30, 2025 admin

On Oct. 28, a judge appointed from Hawaii, J. Michael Seabright, concluded that Essayli’s designation as “acting U.S. attorney” in the Southern District of California was invalid. Los Angeles
However, the judge stopped short of removing him outright, ruling that he may remain in charge as the “first assistant,” a lower-ranking title he already holds. Los Angeles

How the dispute arose

Essayli was appointed interim U.S. attorney in April by Attorney General Pam Bondi and later shifted into the “acting” role without Senate confirmation. Los Angeles Times
Normally, the top U.S. attorney must be confirmed by the Senate or installed via a panel of federal judges. In this case, the administration circumvented that process — triggering legal challenges to Essayli’s legitimacy. Los Angeles Times

What the ruling says

Judge Seabright found:

Essayli’s “acting” status was invalid under the law. Los Angeles
Despite that, there was no evidence that his supervision “improperly interfered with the grand jury process” or caused specific prejudice to defendants. Los Angeles
Therefore, indictments under his watch will not be dismissed — yet he must relinquish the “acting U.S. attorney” title. Los Angeles
The office is allowed to continue functioning without chaos: the judge declined to force Essayli’s immediate removal, saying the court had “no basis to preclude [him] from performing the lawful duties” of first assistant. Los Angeles

What this means

For Essayli and the U.S. Attorney’s Office in Los Angeles:

Essayli retains operational control, but with a downgraded title.
The decision raises broader questions about the legality of similar appointments across the country by the Donald Trump administration. Los Angeles
Defense attorneys may continue pressing challenges tied to his appointment, though this ruling sets a precedent in the district.
The ruling stops short of immediate upheaval — the judge clearly sought to balance legal integrity with institutional stability.

Broader context

The case is part of a national pattern: Judges in other districts have similarly questioned the legality of top-federal-prosecutor appointments made without full confirmation by the Senate. Los Angeles
As one federal public defender put it: “We are glad to see that the Court has recognized the invalidity of Mr. Essayli’s appointment and hope this decision helps promote respect for our constitutional order.” Los Angeles

What comes next

The U.S. Department of Justice has not indicated whether it will appeal the ruling. Los Angeles
Defense lawyers may petition for further relief if they believe Essayli’s supervision tainted their cases.
Congress may revisit the statute governing interim prosecutor appointments, prompted by the growing number of legal challenges.

Conclusion
While Bill Essayli remains effectively at the helm of the U.S. Attorney’s Office in Los Angeles, his appointment has been ruled unlawful — a decision that underscores tensions between executive-branch staffing tactics and the constitutional role of Senate confirmation. The ruling may prompt reform and further scrutiny of similar appointments nationwide.