A federal judge ruled on Tuesday, Oct. 27, 2026, that Bill Essayli is not legally serving as the top U.S. prosecutor in Los Angeles. U.S. District Judge J. Michael Seabright determined that Essayli is serving as a "de facto" United States attorney in violation of federal law, which limits acting appointments to 120 days unless confirmed by the U.S. Senate. The Department of Justice stated it intends to appeal the decision, and the order will not take effect until the court rules on a government motion for a stay.
The ruling follows administrative designations by the Trump administration to keep Essayli in leadership at the U.S. attorney’s office for the Central District of California. Essayli, a former Republican state lawmaker, began as an interim appointee in April 2025. After his 120-day term ended, he was appointed as First Assistant U.S. attorney and later designated as a special attorney. Judge Seabright previously disqualified Essayli from several cases in October 2025, but the administration continued his tenure without nominating a Senate-confirmed successor.
Judge Seabright cited an August ruling from the 9th U.S. Circuit Court of Appeals involving a similar appointment in Nevada as the basis for Tuesday's decision. In that case, the court found the appointment of Sigal Chattah to lead federal prosecutions was unlawful. Seabright noted that the administration’s methods for keeping Essayli in power were "identical" to the Chattah case. Essayli issued a statement disagreeing with the ruling, asserting that the president and attorney general have the authority to select department supervisors.
The scale of the legal uncertainty extends to approximately 20,000 individuals in California whose voting eligibility has been challenged by the Trump administration. Essayli has been a primary figure in federal efforts to prevent election officials from counting ballots for these individuals, whom the administration suspects are not U.S. citizens. If Essayli is found to be serving unlawfully, the legal basis for these and other prosecutions—including those involving healthcare fraud and protests against immigration enforcement—may face further challenges.
For residents in Southern California, this ruling could result in delays or shifts in how federal laws are enforced and how criminal cases are managed by the U.S. attorney's office. A change in leadership would end a period where the office was led by an official who bypassed the standard Senate confirmation process, which typically requires a degree of bipartisan support. What happens next depends on the DoJ’s appeal and a potential final resolution by the U.S. Supreme Court, which Essayli stated he anticipates will eventually decide the matter. In the interim, Essayli remains in his role pending the court’s decision on a stay.