Acting U.S. Attorney Legally Disqualified after 120 Days

Thu Oct 30 2025 16:56:31 GMT+0200 (Eastern European Standard Time)

A federal judge has ruled that Bill Essayli, the acting U.S. Attorney in Southern California, has served longer than legally permitted in his role, impacting several criminal prosecutions.

U.S. District Judge J. Michael Seabright disqualified acting U.S. Attorney Bill Essayli, stating that his tenure exceeded the 120-day limit stipulated by federal law. While Essayli can still serve as First Assistant U.S. Attorney, this ruling represents a hurdle for the Trump administration's efforts to maintain handpicked acting attorneys beyond the legal timeframe. Essayli started in March, after a move by former President Joe Biden’s administration. The decision is based on a legal understanding that interim appointments are only valid if the previous attorney has died, resigned, or is incapacitated.

LOS ANGELES (AP) — A federal judge has disqualified acting U.S. Attorney Bill Essayli in Southern California after determining he has overstepped his legal time limit for the position.

Judge J. Michael Seabright ruled on Tuesday, confirming that Essayli had unlawfully continued in his acting role beyond the 120-day limit as prescribed by federal law.

Despite the ruling, Essayli can still serve as First Assistant U.S. Attorney, allowing him to maintain his influence as the top prosecutor in the office.

Nothing is changing, Essayli assured his social media followers, expressing his eagerness to support President Trump's agenda.

This decision could signal significant pushback against Trump’s strategies of retaining selected U.S. attorneys beyond their permitted duration, underscoring similar judicial actions recently observed in Nevada and New Jersey.

Essayli's tenure began following the resignation of Biden's appointee. The implications of this ruling may affect other cases, as it stems from legal proceedings initiated by defendants challenging their indictments.

The overall agreement of Congress safeguards the appointment of interim U.S. attorneys only if a prior attorney becomes unable to serve due to incapacity or similar reasons.