Judge disqualifies Trump-appointed prosecutor Bill Essayli from cases over overstay

A federal judge on Tuesday disqualified Bill Essayli, the top federal prosecutor in southern California, from overseeing several criminal cases. The ruling is part of a continuing legal fight over whether the Trump appointee has stayed in a temporary role longer than the law allows ¹.

The order will not take effect right away. It was automatically stayed, meaning put on hold, while the Trump administration appeals ¹.

What Essayli said

Essayli said in a statement that he disagrees with the decision ¹. He argued that the president and the attorney general have the power to choose supervisors at the Justice Department ¹.

We respectfully disagree with the court’s order

Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then

Essayli is saying the fight could reach the nation's highest court. He plans to keep working in his current job until that happens ¹.

How this dispute began

This is not the first time a judge has ruled against him on this question. CBS News reported in October 2025 that U.S. District Judge Michael Seabright found Essayli had been serving unlawfully as acting U.S. attorney, the temporary head of the office, since July 29, 2025 ².

According to CBS, Essayli was named interim U.S. attorney in April 2025, a post normally limited to 120 days. Shortly before that period ended, he resigned, and Attorney General Pam Bondi named him first assistant U.S. attorney, which the article says made him acting head ².

Judge Seabright ruled that under federal law only the first assistant already in the job when an office becomes vacant can step up as acting head. Essayli did not fit that description, the judge found ². That 2025 ruling covered the prosecutions of three people charged with gun crimes. The judge refused to dismiss their charges, and he said Essayli could remain first assistant ².

Why it matters

That matters because U.S. attorneys prosecute federal crimes in their districts, and defendants can challenge cases run by officials who may not lawfully hold the job. The Senate normally confirms U.S. attorneys. Temporary arrangements are meant to be short, and the 120-day limit is one of the checks on them.

The Guardian's report did not say which cases are covered by Tuesday's order, and it did not name the judge. The wire copy also did not include a statement from the Justice Department or from Democrats. We will update this story when more details are available.

The ruling comes six days before the Nov. 3 midterm election, while courts and the Justice Department are in several other disputes. For now, Essayli stays in his role while the appeal goes forward ¹.

The Record

1. Jul 29, 2025A judge later found Essayli began serving unlawfully as acting U.S. attorney on this date, after he resigned from his interim role ².
2. Oct 27, 2026A federal judge disqualified Essayli from overseeing several cases; the ruling was automatically stayed pending the administration's appeal ¹.

Sources

1. The Guardian, “Federal judge disqualifies Trump-appointed prosecutor for overstay in role” (2026-10-28). theguardian.com/us-news/2026/oct/27/bill-essayli-disqualifie
2. CBS News, “Federal judge rules top federal prosecutor in Los Angeles is serving unlawfully” (2025-10-29). cbsnews.com/news/federal-judge-disqualifies-bill-essayli-tru

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