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A federal judge has disqualified Bill Essayli, the top federal prosecutor in Southern California, from overseeing two criminal cases after finding he is illegally serving as a “de facto” U.S. attorney.
U.S. District Judge J. Michael Seabright ruled Tuesday that Essayli cannot participate in or supervise the prosecution in the two criminal cases.
However, the disqualification will not take effect immediately, giving the Justice Department time to seek a stay pending appeal.
“We respectfully disagree with the court’s order,” Essayli said in a statement to Fox News.
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First Assistant United States Attorney for the Central District of California Bill Essayli speaks as U.S. and Canadian law enforcement officials announce the federal indictments and arrests of alleged members of a transnational organized crime group at the FBI offices in Los Angeles, California, on July 7, 2026. (REUTERS)
“The president and attorney general have every right to select supervisors at the Justice Department,” Essayli continued, adding that “ultimately, this issue will be decided by the Supreme Court, and I look forward to serving in my current role until then.”
Essayli originally served as interim US attorney under an appointment that expired after 120 days. Then-Attorney General Pam Bondi subsequently appointed him as special counsel and designated him as first assistant US attorney. He was never formally nominated by the President or confirmed by the US Senate.
Seabright previously noted that the arrangement did not legally make Essayli a U.S. attorney, but allowed him to continue overseeing prosecutions under his other titles.
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The First Assistant US Attorney for the Central District of California, Bill Essayli answers questions during a news conference outside the San Bernardino County Sheriff’s Department in Rancho Cucamonga on Friday, 10 (Photo by Anjali Sharif-Paul, The Sun / SCNG))
However, after the Ninth Circuit ruled over the summer against a similar arrangement involving a federal prosecutor in Nevada, Seabright decided to revisit the issue, according to the Los Angeles Times.
Attorney General Todd Blanche issued a revised order last month to narrow Essayli’s authority and distinguish his situation from the Nevada case, but Seabright ruled that the modified arrangement still gave Essayli enough authority to effectively fill the vacant U.S. attorney position.
“In short, Essayli is illegally serving as the ‘de facto’ United States attorney,” Seabright wrote.
The ruling came as Essayli helped lead a high-profile Justice Department effort challenging California’s more than 20,000 registered voters, the administration says are likely non-citizens.
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First Assistant US Attorney Bill Essayli speaks to the press with LA County Sheriff Robert Luna and LAPD Chief Jim McDonnell in Los Angeles, California on December 15. (Sarah Reingewirtz/MediaNews Group/Los Angeles Daily News via Getty Images)
The Justice Department asked a federal court to separate ballots linked to those individuals while their eligibility is reviewed, and U.S. District Judge David O. Carter said he would issue a ruling on the administration’s request on Wednesday.
“I think this case is really at the forefront of the administration’s fight for election integrity,” Essayli said during a press conference Tuesday.
“We want to stop illegal voting. We don’t want to pursue it later,” he added.
When asked about Seabright’s ruling during the news conference, Essayli gave reporters a brief answer.
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“That case will be decided by the Supreme Court.”
