Judge bars Bill Essayli from overseeing two criminal cases

A federal judge ruled that Bill Essayli is unlawfully serving as Los Angeles’ top federal prosecutor and disqualified him from overseeing two criminal cases. The Los Angeles Times reported that the judge rejected the Justice Department’s latest effort to preserve Essayli’s authority.

The Guardian’s headline also described the ruling as a disqualification over unlawful service, while Bloomberg Law’s headline said Essayli had been disqualified by a judge. Essayli said Tuesday that his office expected the ruling.

He said the case “will be decided by the Supreme Court,” and later said, “I look forward to serving in my current role until then.” Those statements express Essayli’s position; the judge’s ruling disqualifies him from the two cases. Essayli also said the Trump administration had ignored laws governing U.S. Attorney appointments and had been caught in Los Angeles.

The Los Angeles Times reported that claim as part of his emailed statement; it is his characterization of the appointment dispute. The dispute had been addressed at an Oct. 13 hearing. Assistant U.S. Attorney Alexander Robbins argued before the judge that a revised delegation placed Essayli’s authority on the permissible side of a boundary set by an appeals court.

That was the government’s argument for preserving his authority, rather than the judge’s conclusion. At the same hearing, Robbins said the government would appeal any ruling disqualifying Essayli. He also warned of “the chaotic practical effects” if an order took effect without a stay.

The judge has now issued a disqualification ruling, but the account does not say whether an appeal has been filed or whether the order is stayed. Essayli’s comments indicate that he expects to remain in his current role while the case proceeds to the Supreme Court.

The ruling, as described by the Los Angeles Times, specifically removes him from overseeing two criminal cases; the account does not identify those cases or describe their status. The central next steps are the government’s stated appeal plan and the Supreme Court proceeding Essayli said would decide the case.