Judge Rules Bill Essayli Unlawfully Serving as De Facto U.S. Attorney in California

A federal judge in Hawaii-born Seabright's seat of authority, J. Michael Seabright, ruled Tuesday that Bill Essayli, the top federal prosecutor in Southern California, is unlawfully serving as a "de facto" U.S. attorney. The finding disqualifies Essayli from participating in or supervising two criminal cases.

The disqualification does not take effect right away. Seabright built in a delay so the Justice Department can ask for a stay while it appeals.

The dispute traces back to how Essayli got and kept the job. He first served as interim U.S. attorney, an appointment that ran out after 120 days. Then-Attorney General Pam Bondi appointed him a special attorney and designated him first assistant U.S. attorney. The president never formally nominated him, and the Senate never confirmed him.

Seabright had already looked at this arrangement once. He found it did not make Essayli the lawful acting U.S. attorney, but he let Essayli keep supervising prosecutions under his other titles. What changed, according to the Los Angeles Times, was a summer ruling from the Ninth Circuit against a similar arrangement for a federal prosecutor in Nevada. That decision led Seabright to take the question up again.

Attorney General Todd Blanche responded last month with a revised designation meant to narrow Essayli's authority and set his situation apart from the Nevada case. It was not enough. Seabright ruled that the modified arrangement still gave Essayli enough power to effectively fill the vacant U.S. attorney position. "In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney," the judge wrote.

Essayli, in a statement to Fox News, said he respectfully disagrees with the order. "The President and the Attorney General have every right to select supervisors within the Justice Department," he said, adding that the question will ultimately be decided by the Supreme Court and that he looks forward to serving in his current role until then. Asked about the ruling at a Tuesday news conference, he was briefer still: the case, he said, will be decided by the Supreme Court.

The ruling landed in the middle of a high-profile matter Essayli is helping lead. The Justice Department is challenging California over more than 20,000 registered voters the administration says are likely noncitizens. It has asked a federal court to require that ballots tied to those voters be separated while their eligibility is reviewed. U.S. District Judge David O. Carter said he would rule Wednesday on that request.

At the news conference, Essayli described the case as being at the forefront of the administration's fight for election integrity. "We wanna stop illegal voting. We don't wanna chase it later," he said.

What to watch now: whether the Justice Department wins a stay of the disqualification, what Judge Carter decides on the ballot request, and whether the appointment question moves up the appellate ladder toward the Supreme Court, as Essayli predicts.