Federal Judge Strips Bill Essayli of Power Over Active Criminal Cases

A federal judge in Southern California has stripped Bill Essayli of his power to oversee two active criminal prosecutions. The ruling, handed down Tuesday by U.S. District Judge J. Michael Seabright, declares that Essayli is currently acting as a "de facto" U.S. attorney without proper legal authority. He cannot participate in or supervise these specific cases anymore.

The disqualification isn't immediate. The Justice Department gets a window to seek a stay while they appeal the decision. Essayli pushed back hard against the order. In a statement to Fox News, he claimed the President and Attorney General have "every right" to choose supervisors within the department. He argued that the Supreme Court will have the final say on this matter. Until then, he intends to keep his current role.

The legal tangle started when Essayli served as an interim U.S. attorney. That appointment expired after 120 days. Then-Attorney General Pam Bondi stepped in, naming him a special attorney and first assistant U.S. attorney. He never went through the standard process of presidential nomination or Senate confirmation. Seabright initially allowed this setup to stand, viewing it as distinct from acting in the U.S. attorney capacity.

Things shifted after the Ninth Circuit Court of Appeals struck down a similar arrangement involving a federal prosecutor in Nevada over the summer. That decision prompted Seabright to look closer at Essayli's status. Attorney General Todd Blanche tried to fix the issue last month by issuing a revised designation. It aimed to narrow Essayli's authority and distinguish his role from the Nevada case. Seabright wasn't convinced. The judge ruled that even with the modifications, Essayli held enough power to effectively fill the vacant U.S. attorney seat.

"In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney," Seabright wrote in the opinion.

The timing is awkward for the administration. Essayli has been at the center of a high-profile Justice Department effort challenging California. The case involves more than 20,000 registered voters whom the administration believes are likely noncitizens. The Justice Department wants a federal court to force the separation of ballots associated with these individuals while their eligibility is reviewed. U.S. District Judge David O. Carter is set to issue a ruling on that request Wednesday.

Essayli framed the legal battle as a fight for election integrity. Speaking at a news conference on Tuesday, he said the case sits at the forefront of the administration's push to stop illegal voting. "We don't wanna chase it later," he added. When reporters pressed him on Seabright's disqualification ruling during that same event, Essayli offered a brief, defiant response. He simply stated that the case will be decided by the Supreme Court.