Dem
47
GOP
53
Donald Trump has made enormous use of his power to make temporary appointments, often ignoring statutory limits on how long a temporary appointee can serve. He did it with Alina Habba in New Jersey and with Sigal Chattah in Nevada. And now he's done it again in Los Angeles with Acting U.S. Attorney Bill Essayli. He keeps doing this so he can name totally unqualified toadies that the Senate would probably not confirm.
On Tuesday, U.S. District Judge Michael Seabright disqualified Essayli on the grounds that he has served more than the legal maximum of 120 days. Just before the 120 days ran out, AG Pam Bondi fired him and then named him first assistant U.S. Attorney, because in the event of a vacancy, the first assistant takes over. Seabright saw right through this clumsy ruse. His opinion read: "Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California. He has been unlawfully serving in that capacity since his resignation from the interim role on July 29, 2025. Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role."
However, the judge didn't go all the way and tell Essayli to scram. He allowed Essayli to continue serving as first assistant U.S. attorney. As long as the top job is vacant, Essayli can continue to work for the DoJ prosecuting people. He just can't call himself a U.S. attorney. So he has to go print up new business cards with a different title.
The specific case that triggered the ruling was one in which three defendants wanted their cases tossed because Essayli wasn't legal. The judge ruled against tossing their cases because additional assistant U.S. attorneys signed all the paperwork. So even if Essayli had no authority, the others did.
This case could have ramifications for two very high profile cases. The indictments of NY AG Letitia James and former FBI Director James Comey were signed by only Lindsey Halligan, who was parachuted into the job after the 120-day limit on temporary appointments ran out. Both James and Comey are going to argue that Halligan was not the legal U.S. attorney for the Eastern District of Virginia and thus the indictments are not valid. In Comey's case, the statute of limitations has already run, so a new indictment is impossible. (V)