US judge rules Bill Essayli acting illegally as ‘de facto’ head prosecutor

SANTA ANA, Calif. (KESQ) - A federal judge today ruled that Bill Essayli cannot continue acting as ``de facto'' head prosecutor in the seven Southern and Central California counties, curtailing his ability to oversee cases.   

However, U.S. District Judge J. Michael Seabright denied motions to dismiss two cases filed while Essayli has continued running the office under a new title.

Attorney Dean Steward filed a motion for reconsideration of a motion to dismiss charges against his client Tu Anh Tran as well as to disqualify Essayli after Seabright earlier ruled Essayli could stay in his job as first assistant U.S. Attorney.

Steward asked for reconsideration when the Ninth Circuit Court of Appeals upheld the disqualification of Sigal Chattah as the first assistant U.S. Attorney for the District of Nevada by the district court in Las Vegas.   

Steward argued that the central question in the Las Vegas case was comparable to the issue the attorney raised in his case in Orange County. Steward has been arguing that the Trump administration is bypassing U.S. Senate confirmation of U.S. attorneys by appointing lead prosecutors with the new title of first assistant. 

"Today's court decision is a victory for the rule of law and the U.S. Constitution,'' Steward said. "The Trump administration ignored the laws governing the appointment of U.S. Attorneys and got caught in Los Angeles. (President Donald) Trump and his Department of Justice violated the law again and again in an effort to install minions as chief federal prosecutors."  

Federal prosecutors indicated before the ruling they planned to appeal if Seabright ruled against them.  

"We respectfully disagree with the court's order,'' Essayli said. "The president and the attorney general have every right to select supervisors within the Justice Department. Importantly, today's order is automatically stayed so the government can seek a full stay and maintain the status quo pending our appeal.   

"Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.''   

On July 29 , 2025, Essayli's 120-day term as interim U.S. Attorney was about to expire so he resigned and was appointed as "special attorney'' and received the title of First Assistant U.S. Attorney.  

Seabright also noted another ruling in New York that addressed the same issue of an interim appointment there.   

But on Sept. 23, Attorney General Todd Blanche issued an order revising Essayli's appointment. Seabright, however, ruled, "But nothing in the revised designation order materially distinguishes it from the Chattah designation order deemed improper...''

Seabright added that Blanche's new order "is functionally equivalent to Essayli's prior ineffective designation'' to keep him in the same position as top prosecutor.   

But even if Blanche's order could be interpreted to curtail Essayli's duties it is still so broad that it leaves him in office as the de-facto head prosecutor o the district, Seabright said.  

The judge limited the ruling to the two cases, but it would appear to open the door to defense attorneys in many other cases challenging charges and indictments.   

"In sum, Essayli is unlawfully serving as a `de facto' United States Attorney, and is disqualified from participating in or supervising the prosecutions of'' the two defendants who brought the challenge to his legal authority, Seabright ruled.