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LA's top federal prosecutor 'not lawfully serving' in role, judge rules
Acting U.S. Attorney Bill Essayli (center) speaks as Los Angeles Police Department Chief Jim McDonnell (right) and special agent in charge Kenny Cooper of the L.A. Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives look on at a press conference announcing an arrest in the Palisades Fire investigation Oct. 8 in Los Angeles.
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Mario Tama
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Topline:
A federal judge has ruled acting U.S. Attorney Bill Essayli "unlawfully assumed" his role as the top federal prosecutor for the Central District of California, which includes Los Angeles. The ruling from U.S. District Judge Michael J. Seabright said he stayed in his temporary position longer than federal law allows but could remain the top prosecutor in the office under the title of first assistant U.S. attorney.
Why it matters: Lawyers for defendants in three criminal cases that Essayli's office is prosecuting filed motions to have their indictments dismissed because they argue Essayli was not lawfully serving as U.S. attorney when they were indicted and, therefore, would now be unlawfully overseeing their prosecution. Judge Seabright ruled that Essayli could not continue to supervise their prosecution in the role of acting U.S. attorney but that he could continue to do so as the first assistant U.S. attorney.
The backstory: Essayli, a former Republican California assemblymember, was appointed as the interim U.S. Attorney for California's Central District in March. Federal law requires the Senate to confirm a president's U.S. attorney appointees within 120 days of a president nominating them. Just before the 120-day limit, U.S. Attorney General Pam Bondi appointed him to be first assistant U.S. attorney for the office and said he would be eligible to serve as acting U.S. attorney if that role became vacant. Essayli then resigned as interim U.S. attorney and assumed the role of acting U.S. attorney.
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What's next: Essayli will stay on as the top prosecutor in the office and will still have broad legal authority, but under the title of first assistant U.S. attorney. In a post on X, Essayli said, in part, "Nothing is changing." A press release from his office the day after the ruling still identifies him as acting U.S. attorney.
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