Oct. 27, 2026
Federal judge disqualifies Essayli from overseeing criminal prosecutions
A visiting federal judge ruled that Bilal A. Essayli is unlawfully serving as a de facto U.S. attorney in Los Angeles, citing a recent 9th Circuit decision involving Nevada's top federal prosecutor. The judge delayed enforcement for a week to allow the Justice Department to seek a stay.
Central District of California First U.S. Attorney Bilal A. Essayli "is unlawfully serving as a 'de facto' United States Attorney and is disqualified from participating in or supervising" two criminal cases, a federal judge ruled Tuesday.
Senior U.S. District Judge J. Michael Seabright of the District of Hawaii, appointed by 9th U.S. Circuit Court of Appeals Chief Judge Mary H. Murguia after all the Central District judges were recused, postponed his order for a week to give the U.S. Department of Justice a chance to seek a stay.
Seabright, an appointee of President George W. Bush, followed the lead of the 9th U.S. Circuit Court of Appeals, which disqualified Sigal Chattah, President Donald Trump's choice to lead the District of Nevada's U.S. attorney's office.
9th Circuit Judge Eric D. Miller, a Trump appointee, wrote that federal law does not permit Chattah to be appointed as first assistant U.S. attorney when the U.S. attorney position is vacant.
Solicitor General D. John Sauer has filed a writ of certiorari challenging the 9th Circuit ruling affecting Chattah. U.S. v. Jackson, 26-304 (S. Ct., filed Sept. 8, 2026).
A 9th Circuit panel ruled in the Chattah case that if the Supreme Court grants certiorari, the mandate will be stayed pending a ruling by the justices. That same situation, with a writ petition by the Justice Department given the identical circumstances, is likely in Essayli's case.
Seabright previously rejected motions to disqualify Essayli but reconsidered them following the 9th Circuit's Jackson ruling. U.S. v. Ramirez, 25-cr-00264 (C.D. Cal., filed Aug. 13, 2025); U.S. v. Tran, 25-cr-00250 (C.D. Cal., filed Dec. 9, 2025).
The judge ruled that Essayli could not supervise the prosecutions either as a first assistant U.S. attorney or as a special attorney appointed by the Justice Department.
H. Dean Steward, a Newport Beach defense attorney representing two of the defendants, hailed the decision.
"Today's Court decision is a victory for the rule of law and the U.S. Constitution," he said in an email. "Trump and his Department of Justice violated the law again and again in an effort to install minions as chief federal prosecutors."
A spokesperson for Essayli could not be reached for comment as of press time.
Craig Anderson
craig_anderson@dailyjournal.com
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com