A federal judge disqualified Bill Essayli, the top federal prosecutor in southern California, for violating the statutory limits of his temporary appointment, prompting an immediate appeal from the Justice Department to ensure the lawbreaker can return to his duties prosecuting federal crimes.
A federal judge disqualified Bill Essayli from overseeing several cases on Tuesday after determining the Trump appointee had stayed in his temporary role longer than allowed by law. The Justice Department immediately appealed the ruling, arguing in a midnight filing that removing a chief law enforcement officer simply because he is in active violation of a federal statute sets a dangerous precedent for the administration's broader legal strategy.
The automatic stay allows Essayli to maintain authority over his docket while his own illegal overstay is litigated in the Ninth Circuit. Sources close to leadership noted that keeping Essayli in place is critical for the district's ongoing casework, much of which involves prosecuting individuals for overstaying temporary visas and violating strict federal deadlines.
The Department maintains that an active, ongoing violation of a federal statute does not preclude an appointee from aggressively enforcing that same statute against the general public.
In a brief submitted to the appellate court Wednesday morning, administration lawyers argued that Essayli's continued presence is essential for operational stability, emphasizing his deep familiarity with the district's complex dockets, his rapport with local law enforcement, and the fact that he has not possessed legal authority to enter the federal courthouse since October.
Essayli released a statement through a spokesperson expressing his profound disagreement with the court's order, which he intends to formally challenge just as soon as he finishes prosecuting a local business owner for filing regulatory paperwork three days late.