A federal judge ruled that Bill Essayli is not legally serving as the top U.S. prosecutor in Los Angeles, finding that the appointment arrangement exceeded the limits on temporary service. Federal law sets a 120-day limit for acting U.S. attorneys, while permanent appointments generally go through Senate confirmation. The order will not take effect until the court rules on the government’s request for a stay pending appeal. The judge relied in part on a 9th Circuit ruling involving a similar appointment in Nevada and found that a revised designation did not materially change Essayli’s arrangement. The government’s appeal and the court’s stay decision are the next procedural steps, with the Supreme Court identified by Essayli as the eventual venue for resolving the dispute.
TLDR: The judge found that Bill Essayli’s role as Los Angeles’s top federal prosecutor did not comply with the limits on temporary appointments. The order remains on hold while the court considers the government’s request for a stay pending appeal.
A federal judge has ruled that Bill Essayli is not legally serving as the top U.S. prosecutor in Los Angeles. The decision sets a firm boundary around how long an acting U.S. attorney can remain in that role and how an administration may use another Justice Department title after the temporary appointment period ends. The ruling does not take effect immediately.
The administration’s stated strategy was to extend handpicked acting U.S. attorneys beyond the 120-day limit in federal law, bypassing Senate confirmation, which generally requires some bipartisan support. That limit and the confirmation process supply the legal framework in this case. The decision therefore turns on a practical question of appointment authority, not on whether Essayli has experience as a federal prosecutor or a former state lawmaker.
U.S. District Judge J. Michael Seabright wrote that Essayli was unlawfully serving as a “de facto” United States attorney. The order will take effect only after the court rules on the government’s motion for a stay pending appeal. That leaves the immediate status unresolved while the next court decision is awaited.
The appointment history helps explain the dispute. The Trump administration appointed Essayli last year as acting U.S. attorney for the Central District of California, which includes Los Angeles. Just before the 120-day mark, then-Attorney General Pam Bondi appointed him First Assistant U.S. attorney. In October 2025, Seabright disqualified Essayli from overseeing several criminal cases, concluding that he had remained in the temporary job longer than federal law allowed. Essayli was permitted to continue as first assistant.
The administration did not appoint another acting U.S. attorney. Essayli consequently remained the district’s top prosecutor in practice, although his formal title had changed. The judge’s latest ruling examines whether that arrangement complied with the law, rather than treating the title change as a complete answer to the question.
A later appeals court decision formed a key part of Seabright’s analysis. In August, the 9th U.S. Circuit Court of Appeals ruled that Sigal Chattah, the administration’s initial pick to lead federal prosecutions in Nevada, had been unlawfully appointed. Seabright found that Bondi’s appointment of Essayli as a special attorney and designation of him as first assistant were identical to the arrangements for Chattah.
Attorney General Todd Blanche later issued a revised designation that reduced some of Essayli’s duties. Seabright said the revision did not materially distinguish the arrangement from the one the appeals court had found improper. The ruling thus treats the substance of the duties and appointment structure as central, not simply the label attached to the job.
Essayli said he disagreed with the order. He said the president and attorney general have the right to select supervisors within the Justice Department, and stated that the issue would ultimately be decided by the Supreme Court. He also said he expected to continue in his current role until then. The court’s stay decision will determine whether the order takes effect while the appeal proceeds.
The case sits within a broader set of legal challenges to interim U.S. attorneys appointed by the administration. A New Jersey judge disqualified acting U.S. attorney Alina Habba last year, and a judge ruled in January that John Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York. Those cases do not decide Essayli’s status, but they show that the limits on temporary appointments are being tested in more than one district.
Essayli has been a prominent figure in the administration’s disputes with California, including matters involving alleged health care fraud and claims of noncitizen voting. California has opposed federal efforts to stop election officials from counting ballots associated with as many as 20,000 people whom the administration suspects are not U.S. citizens. The ruling at issue concerns Essayli’s appointment status; it does not resolve those separate disputes.
The practical impact is primarily legal and procedural. Federal law sets a 120-day limit for acting U.S. attorneys, and the Senate confirmation process is the usual route for a permanent appointment. The government has sought a stay pending appeal, and the order remains inactive until the court rules on that request. The excerpt identifies no fees, new forms, or compliance deadline, and it does not specify which cases or prosecutorial decisions would be affected if the order takes effect. The directly affected officials are Essayli and the Justice Department, while the district’s federal prosecutions are the work overseen by the office.
The next steps are the court’s ruling on the stay request and the government’s appeal. Essayli has said the Supreme Court will ultimately decide the question, but the excerpt does not provide a timetable for that review. Those court proceedings are necessary steps in determining how the 120-day limit applies and whether the current arrangement can continue. The legal process will establish the next boundary for temporary federal prosecutor appointments.

