Judge finds L.A.s top federal prosecutor is unlawfully serving, bars him from two cases

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Set us as preferred A federal judge on Tuesday ruled that Bill Essayli is unlawfully serving as Los Angeles’ top federal prosecutor and ordered him disqualified from overseeing two criminal cases, rejecting the Justice Department’s latest effort to preserve his authority.Senior U.S.District Judge J.

Michael Seabright, however, delayed the disqualifications from taking effect while he considers an anticipated government request for a stay pending appeal.Although the order applies to two prosecutions, Seabright rejected the legal arrangement that has allowed Essayli to continue leading the office under the title of first assistant U.S.attorney.

He concluded that the Justice Department had unlawfully delegated powers so sweeping that Essayli effectively occupied the U.S.attorney’s position.“In sum, Essayli is unlawfully serving as a ‘de facto’ United States Attorney,” Seabright wrote.After learning about Seabright’s ruling from The Times, Essayli on Tuesday afternoon said his office expected it and that the case “will be decided by the Supreme Court.” In a follow-up email, he said, “I look forward to serving in my current role until then.”H.

Dean Steward, a defense attorney who filed a renewed motion in August challenging Essayli’s authority, called the decision “a victory for the rule of law and the U.S.Constitution.”“The Trump administration ignored the laws governing the appointment of U.S.

Attorneys and got caught in Los Angeles,” he said in an emailed statement.“Trump and his Department of Justice violated the law again and again in an effort to install minions as chief federal prosecutors.”The dispute is part of a nationwide battle over the Trump administration’s efforts to install its chosen prosecutors without Senate confirmation.

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