Judge Rules Acting U.S. Attorney for California Illegally Serving Without Senate Confirmation

A federal judge has determined that Bilal Essayli, the acting U.S. attorney overseeing the Central District of California — the largest federal judicial district in the nation — has been serving in violation of federal law because he was never confirmed by the Senate. Read More

In a 64-page ruling issued Tuesday, U.S. District Judge J. Michael Seabright found that Essayli unlawfully continued in his position after resigning from his interim post in July. The Central District covers seven counties, including Los Angeles, Orange, Riverside, and San Bernardino.

“Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role,” Seabright wrote in the decision.

The court, however, declined to dismiss any of the prosecutions handled under Essayli’s tenure. Judge Seabright noted that those cases were properly signed by other authorized government attorneys and that there was no evidence of due process violations or procedural irregularities.

Essayli, according to the order, may still serve as the district’s First Assistant U.S. Attorney, a role that legally allows him to carry out the routine duties of that office.

Despite the ruling, Essayli insisted that the decision changes little about his current responsibilities.
“For those who didn’t read the entire order, nothing is changing,” he wrote Tuesday night on X (formerly Twitter). “I continue serving as the top federal prosecutor in the Central District of California. It’s an honor and privilege to serve President Trump and Attorney General Bondi, and I look forward to advancing their agenda for the American people.”

The White House did not immediately respond to a request for comment.

A Broader Challenge to Trump’s Interim Appointments

The decision marks yet another legal setback for the Trump administration’s continued reliance on temporary appointments to bypass the 120-day limit set by federal law and to avoid contentious Senate confirmation hearings.

Similar rulings have emerged in other states. Last month, a federal court in Nevada found that acting U.S. attorney Sigal Chattah had also been serving unlawfully, though enforcement of that ruling has been temporarily paused pending appeal. In August, a separate court concluded that Alina Habba, then acting U.S. attorney in New Jersey and a former Trump lawyer, had been improperly appointed. That case is currently under appeal.

Next month, another challenge will be heard involving Lindsey Halligan, who serves as U.S. attorney for the Eastern District of Virginia. Halligan was the sole signer on indictments against New York Attorney General Letitia James and former FBI Director James Comey — both outspoken Trump critics who have called the charges politically motivated. Both defendants have pleaded not guilty.

Political and Legal Implications

Judge Seabright’s decision adds to growing judicial scrutiny of the Trump administration’s methods for filling top legal positions without formal confirmation. The ruling underscores the limits of executive power and the constitutional requirement that U.S. attorneys be nominated by the president and confirmed by the Senate unless serving temporarily under specific statutory provisions.

While the immediate impact on ongoing prosecutions appears minimal, the broader legal and political implications could further complicate the administration’s efforts to maintain control over key federal districts ahead of the 2026 election cycle.

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