Judge Rules Acting U.S. Attorney Exceeded 120-Day Limit in California

Judge Rules Acting U.S. Attorney Exceeded 120-Day Limit in California

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A federal judge has disqualified Bill Essayli, the acting U.S. attorney for Southern California, from overseeing several cases due to concerns that he has remained in the temporary position beyond the time allowed by law. U.S. District Judge J. Michael Seabright determined that Essayli’s authority as an acting attorney expired in July.

In his ruling, Judge Seabright stated, “Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California.” He highlighted that Essayli has been serving without legal standing since resigning from his interim role on July 29, 2025, and therefore may not perform the functions associated with the office.

This ruling marks yet another blow to the Trump administration’s attempts to maintain acting U.S. attorneys in office beyond the legally permitted 120-day period. In recent months, similar decisions have been made against other acting U.S. attorneys. In September, a judge ruled that Nevada’s acting U.S. attorney, Sigal Chattah, was unlawfully serving in her position. Additionally, in August, Alina Habba, the acting U.S. attorney in New Jersey, was also disqualified.

However, the same judge who ruled against Chattah has allowed a temporary pause on his decision while a federal appellate court reviews an appeal from the Justice Department, permitting her to remain engaged in ongoing cases for the time being. The appellate court also addressed the situation surrounding Habba’s appointment in recent hearings.

Federal law stipulates that if a permanent U.S. attorney is not nominated by the president and confirmed by the Senate within 120 days, district court judges have the authority to appoint an interim until the vacancy is filled. Currently, Bill Essayli has not received Senate confirmation for his position.

Essayli’s office has yet to respond to requests for comment on the ruling. This situation reflects ongoing legal challenges concerning the appointments and authority of acting U.S. attorneys, emphasizing the importance of adhering to established federal regulations.

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