Judge: Essayli not legal as acting US Attorney, but can use lesser title

LOS ANGELES (KESQ) - Bill Essayli was continuing today to lead the U.S. Attorney's Office for the Central District of California in Los Angeles, but he will have to do so under a different job title following a judge's ruling that he could not legally be called the acting U.S. attorney.   

The ruling came Tuesday from U.S. District Judge J. Michael Seabright of Hawaii, who oversaw a legal challenge to Essayli's position. Federal judges in Los Angeles recused themselves from hearing the case, resulting in the matter being heard by Seabright.

Essayli, who was appointed by the Trump administration as interim U.S. Attorney in Los Angeles in April. Such appointees are generally required to be confirmed by the U.S. Senate, but when Essayli's interim appointment ended after 90 days, the administration gave him the new title of acting U.S. Attorney rather than formally nominating him for the position.   

A group of defense attorneys sued, claiming the maneuver was an attempt to circumvent congressional oversight and arguing that Essayli should be disqualified from overseeing prosecutions in the office.

Seabright ruled Tuesday that Essayli was illegally serving as acting U.S. attorney, but said there was nothing to preclude him from continuing to oversee the office with the lesser title of "first assistant U.S. attorney."   

"The court has no basis to preclude Essayli from performing the lawful duties of a FAUSA,'' Seabright wrote. "And in that capacity, he could supervise these prosecutions, even though he cannot do so as acting United States attorney."  

On social media Tuesday night, Essayli wrote that "nothing is changing" in the office.  

"I continue serving as the top federal prosecutor in the Central District of California," he wrote. "It's an honor and privilege to serve President Trump and Attorney General (Pam) Bondi, and I look forward to
advancing their agenda for the American people."