Federal Judge Rules Top Southern California Prosecutor Is Unlawfully Serving as De Facto U.S. Attorney

A federal judge has disqualified Bill Essayli, the top federal prosecutor in Southern California, from overseeing two criminal cases, concluding that he is unlawfully serving as a "de facto" U.S. attorney.

U.S. District Judge J. Michael Seabright ruled Tuesday that Essayli may not participate in or supervise the prosecutions in the two cases. The disqualification will not take effect right away, which gives the Justice Department time to ask for a stay while it appeals.

Essayli first served as interim U.S. attorney under an appointment that lapsed after 120 days. Then-Attorney General Pam Bondi later named him a special attorney and designated him first assistant U.S. attorney. The president never formally nominated him for the post, and the U.S. Senate never confirmed him.

Seabright had earlier found that this arrangement did not make Essayli the acting U.S. attorney, but he allowed Essayli to keep supervising prosecutions under his other titles. The judge chose to revisit the matter after the Ninth Circuit ruled over the summer against a similar arrangement involving a federal prosecutor in Nevada, according to the Los Angeles Times.

Attorney General Todd Blanche issued a revised designation last month that narrowed Essayli's authority and sought to set his situation apart from the Nevada case. Seabright found that the modified arrangement still gave Essayli enough power to effectively fill the vacant U.S. attorney position. "In sum, Essayli is unlawfully serving as a 'de facto' United States Attorney," the judge wrote.

Essayli said in a statement provided to Fox News that he respectfully disagrees with the order. "The President and the Attorney General have every right to select supervisors within the Justice Department," he said, adding that the question will ultimately be decided by the Supreme Court and that he looks forward to serving in his current role until then. Asked about the ruling at a news conference Tuesday, he offered a brief reply: "That case will be decided by the Supreme Court."

The decision came as Essayli helps lead a high-profile Justice Department effort challenging California over more than 20,000 registered voters whom the administration says are likely noncitizens. The department has asked a federal court to require that ballots tied to those individuals be separated while their eligibility is reviewed. U.S. District Judge David O. Carter said he would rule on that request Wednesday.

Speaking at the same news conference, Essayli described the voter case as being at the forefront of the administration's effort to protect election integrity. "We wanna stop illegal voting. We don't wanna chase it later," he said.