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High federal prosecutor in L.A. faces problem over ‘performing’ standing
U.S.

High federal prosecutor in L.A. faces problem over ‘performing’ standing

Scoopico
Last updated: October 15, 2025 7:17 am
Scoopico
Published: October 15, 2025
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A federal decide heard arguments Tuesday to resolve whether or not maneuvers utilized by the Trump administration to put in Invoice Essayli as performing United States lawyer in Los Angeles are improper — and, in that case, what ought to be carried out about it.

Throughout a Tuesday listening to in downtown L.A., Senior Decide J. Michael Seabright — who flew in from Hawaii for the continuing — puzzled methods to proceed after protection attorneys sought to dismiss indictments in opposition to three shoppers and to disqualify Essayli “from taking part in prison prosecutions on this district.”

Essayli, a former Riverside County assemblyman, was appointed because the area’s interim prime federal prosecutor by U.S. Atty. Gen. Pam Bondi in April.

His time period was set to run out in late July except he was confirmed by the U.S. Senate or a panel of federal judges. However the White Home by no means moved to appoint him to a everlasting function, as a substitute opting to make use of an unprecedented authorized maneuver to shift his title to “performing,” extending his time period for an extra 9 months with none affirmation course of.

Seabright was chosen from the District of Hawaii after L.A.’s federal judges recused themselves from the proceedings. He questioned the implications of dismissing any expenses over Essayli’s title.

“If I did this to your consumer, I’ll need to do it for each single defendant who was indicted when Mr. Essayli was performing below the rubric of performing U.S. lawyer, appropriate?” Seabright mentioned to a deputy federal public defender.

“I don’t suppose you’ll,” replied James A. Flynn. “This can be a time-specific, case-specific evaluation and the court docket doesn’t have to go as far as to resolve {that a} dismissal can be applicable in all instances.”

“Why not? You’re asking for a extremely draconian treatment right here,” Seabright mentioned, earlier than questioning what number of indictments had been made since Essayli was designated performing U.S. lawyer on the finish of July.

“203, your honor,” Assistant U.S. Atty. Alexander P. Robbins responded.

In a court docket submitting forward of the listening to Tuesday, attorneys bringing the problem in opposition to Essayli referred to as the federal government’s protection of his standing a handbook for circumventing the protections that the Structure and Congress constructed in opposition to the limitless, unaccountable handpicking of short-term officers.”

In the course of the practically two-hour listening to, Flynn cited comparable authorized challenges which have performed out elsewhere. A federal decide dominated in August that Alina Habba has been illegally occupying the U.S. lawyer put up in New Jersey, though that order was placed on maintain pending attraction. Final month, a federal decide disqualified Nevada’s prime federal prosecutor, Sigal Chattah, from a number of instances, concluding she “shouldn’t be validly serving as performing U.S. lawyer.”

The judges who dominated on the Nevada and New Jersey instances didn’t dismiss the costs in opposition to defendants, as a substitute ordering that these instances not be supervised by Habba or Chattah.

Flynn argued that the cures in different states “haven’t been efficient to discourage the conduct.”

“This court docket has the good thing about further weeks and has seen the federal government’s response to that willpower that their appointments had been unlawful and I submit the federal government hasn’t gotten the message,” Flynn mentioned.

Flynn mentioned an alternative choice might be a dismissal with out prejudice, which suggests the federal government may carry the case in opposition to their shoppers once more. He referred to as it a “weaker medication” than dismissal with prejudice, “however can be a stronger one than provided in New Jersey and Nevada.”

The listening to grew testy at instances, with Seabright demanding that Assistant U.S. Atty. Robbins inform him when Essayli’s time period will finish. Robbins instructed the decide the federal government believes it can finish on Feb. 24 and that afterward the function of performing U.S. lawyer will stay vacant.

Robbins famous that Essayli has additionally been designated as first assistant U.S. lawyer, basically permitting him to stay in command of the workplace if he loses the “performing” title.

Bondi in July additionally appointed him as a “particular lawyer.” Robbins instructed the decide that “there’s no developed problem to Mr. Essayli’s appointment as a particular lawyer or his designation as a primary assistant.”

“The protection problem right here, the acknowledged curiosity that they’ve, is Invoice Essayli can’t be performing,” Robbins mentioned. “However they don’t have a compelling or robust response to Invoice Essayli is legitimately within the workplace and he may be the primary assistant … he can supervise different folks within the workplace.”

Seabright requested each side to temporary him by Thursday on “no matter hats you imagine [Essayli’s] sporting now” and “whether or not I had been to say he wasn’t legitimately made performing U.S. lawyer … what hats does he proceed to put on.”

“If I perceive the federal government’s proposed treatment appropriately … it might basically be no treatment in any respect, as a result of they might be re-creating Mr. Essayli because the performing United States lawyer, he’d simply be sporting a primary assistant hat,” Flynn mentioned.

A spokesperson for the U.S. lawyer’s workplace in L.A. didn’t instantly reply to a request for remark.

When requested by a Occasions reporter final month concerning the movement to disqualify him, Essayli mentioned “the president received the election.”

“The American folks offered him a mandate to run the manager department, together with the U.S. lawyer’s workplace and I sit up for serving on the pleasure of the president,” he mentioned throughout a information convention.

Since taking workplace, Essayli has doggedly pursued Trump’s agenda, championing hard-line immigration enforcement in Southern California, usually utilizing the president’s language verbatim at information conferences. His tenure has sparked discord within the workplace, with dozens of prosecutors quitting.

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