A federal judge disqualified acting U.S. Attorney Bill Essayli in Southern California from several cases after concluding Tuesday that the Trump appointee has stayed in the temporary job longer than allowed by law.
U.S. District Judge J. Michael Seabright disqualified Essayli from supervising the criminal prosecutions in three cases, siding with defense lawyers. Essayli has been unlawfully serving in his role since his resignation from the interim role on July 29, the judge wrote in his decision.
The decision represents another setback to the Trump administration’s effort to extend handpicked acting U.S. attorneys beyond the 120-day limit set by federal law. A judge ruled in September that acting U.S. attorney of Nevada, Sigal Chattah, was serving in her position illegally. Another judge disqualified acting U.S. attorney in New Jersey, Alina Habba, in August.
However, the same judge that disqualified Chattah ruled last week that he was pausing his earlier ruling while a federal appellate court weighed an appeal from the U.S. Department of Justice, allowing her to remain temporarily involved in the cases being prosecuted by her office. An appellate court heard arguments on Monday regarding Habba’s appointment as well, questioning government lawyers on their maneuvers to keep Habba in place.
Under federal law, if a permanent U.S. attorney is not nominated by the president and confirmed by the Senate within 120 days, judges of the federal district court can appoint an interim until the vacancy is filled. Essayli has not been confirmed by the U.S. Senate.
Essayli’s office did not immediately respond to a request for comment.
