A federal judge has disqualified Bill Essayli, the top federal prosecutor in Southern California, from overseeing two criminal cases after finding that he is unlawfully 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 prosecutions 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 provided to Fox News.
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“The President and the Attorney General have every right to select supervisors within the Justice Department,” Essayli continued, adding that “ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.”
Essayli originally served as interim U.S. attorney under an appointment that expired after 120 days. Then-Attorney General Pam Bondi subsequently appointed him as a special attorney and designated him first assistant U.S. attorney. He was never formally nominated by the president or confirmed by the U.S. Senate.
Seabright previously found that the arrangement did not lawfully make Essayli acting U.S. attorney but allowed him to continue supervising prosecutions under his other titles.
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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 designation last month to narrow Essayli’s authority and distinguish his situation from the Nevada case, but Seabright ruled the modified arrangement still gave Essayli enough authority to effectively occupy the vacant U.S. attorney position.
“In sum, Essayli is unlawfully serving as a ‘de facto’ United States Attorney,” Seabright wrote.
The ruling came as Essayli has been helping lead a high-profile Justice Department effort challenging California over more than 20,000 registered voters the administration says are likely noncitizens.
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The Justice Department has asked a federal court to require ballots associated with those individuals to be separated while their eligibility is reviewed, and U.S. District Judge David O. Carter said he would issue a ruling Wednesday on the administration’s request.
“I think this case is really on the forefront of the administration’s battle to fight for election integrity,” Essayli said during a news conference Tuesday.
“We wanna stop illegal voting. We don’t wanna chase it later,” he added.
When asked about Seabright’s ruling during the news conference, Essayli gave reporters a brief response.
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“That case will be decided by the Supreme Court.”
