Judge rules top federal prosecutor in California ‘unlawfully serving’

Bill Essayli, who currently acts as first assistant United States attorney for the Central District of California, California’s top federal prosecutor position, was ruled to be “unlawfully serving” in said position by a US judge on October 27, 2026. The ruling also found that since his appointment was not valid, he was no longer qualified to lead two criminal prosecutions in which attorneys had challenged his position.

However, the Department of Justice (DOJ) stated its intent to appeal the ruling, so the judge’s order won’t take effect yet, as the ruling was automatically stayed. This allows Essayli to seek a full stay while the recent ruling is being appealed. This ruling was another in the legal battle to keep Essayli, a former State Republican lawmaker, in office even with his lack of Senate confirmation.

Essayli’s history in the attorney position

Essayli was appointed an interim US attorney by Pam Bondi in April 2025. According to The Guardian, because the President did not formally nominate him, he was allowed to lead the office despite not going through the typical process for confirmation. However, that “interim” appointment came to an end in July 2025, but Essayli continued in the role until October 2025.

At that time, a judge ruled Essayli’s authority in the interim position had ended as of July 29, 2025. The judge also clarified that Essayli could hold the title of “First Assistant United States Attorney” instead.

However, a federal appellate court recently ruled against another Pam Bondi appointee in Nevada in a case similar to Essayli’s. That decision affected the most recent order in Essayli’s continuing legal battle, as the judge used the Nevada ruling to issue the order declaring Essayli was still unlawfully in the position.

Essayli has been making headlines in the past year or so by prosecuting protesters and targeting immigrants for deportations. He’s currently made headlines for a campaign against “voter fraud” that he launched (which is just one of many out of the DOJ), which has pushed for California to set aside thousands of ballots Essayli has alleged belong to “likely non-citizens” (but not dogs, which was the subject of a recent Orange County voter fraud case).

Responses to the current order

One of the defense lawyers who challenged the position told the LA Times, “The Trump administration ignored the laws governing the appointment of US attorneys and got caught in Los Angeles. Trump and his Department of Justice violated the law again and again in an effort to install minions as chief federal prosecutors.”

Essayli also released a statement addressing the order and reportedly said, “We respectfully disagree with the court’s order. The President and the Attorney General have every right to select supervisors within the Justice Department. Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.”

Have a tip we should know? [email protected]