The loophole that keeps a Trump loyalist serving as L.A.’s top federal prosecutor
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- Bill Essayli has been leading the federal prosecutor’s office in Los Angeles under the title of “first assistant U.S. attorney” because he lacks Senate confirmation.
- Some ex-prosecutors are questioning why the district judges in Los Angeles have not moved to appoint an interim U.S. attorney.
- Sen. Adam Schiff is preparing legislation to challenge President Trump’s installation of unconfirmed loyalists to serve as top federal prosecutors.
Across the country, President Trump has installed handpicked loyalists as top federal prosecutors. Several have been pushed out after legal battles because they lack Senate confirmation to serve as U.S. attorneys.
But in Los Angeles, Bill Essayli wields the power of a top prosecutor under a lesser title: “first assistant.”
Essayli clocked his first full year in office this week. He has survived the kinds of challenges that sunk Trump picks in other states through a combination of legal gamesmanship by the U.S. Department of Justice and a lack of action by judges in the Central District of California.
Essayli has used his position to act as one of Trump’s fiercest legal foot soldiers. He has pursued criminal charges against protesters, activists and immigrants while dropping cases involving administration allies and supporting lawsuits over transgender and environmental policies in California.
The Trump administration said it had sent a letter to Gov. Gavin Newsom informing him of a federal investigation into two state women’s prisons to determine ‘if those prisons unconstitutionally provided housing and preferential treatment to biological male prisoners.’
After Trump’s firing Thursday of U.S. Atty. Gen. Pam Bondi, it’s unclear how her replacement will handle continuing battles over the legality of Trump’s appointees. Essayli is popular with high-level administration officials, and received a congratulatory post on X from Vice President JD Vance over the filing of fraud cases earlier this week.
A conservative former state Assembly member from Riverside County, Essayli, 40, was sworn in as interim U.S. attorney last April. Around the time he hit that role’s 120-day limit, Bondi made him a “special attorney” and designated him “first assistant.” A federal judge later disqualified Essayli as acting U.S. attorney, finding he was “not lawfully serving” in the top role. But the judge said he had no authority to undo Essayli’s designation as first assistant. With no one above him in the office, that title leaves Essayli as the de facto U.S. attorney.
In other jurisdictions, members of the federal bench have exercised their authority to appoint an interim U.S. attorney. Chief U.S. District Judge Dolly M. Gee’s chambers did not respond to a request for comment about why no similar action has been taken in L.A.
A court spokesman declined to comment. Essayli did not respond to a request for comment. The White House referred questions to the Justice Department.
A Justice Department spokesperson issued a statement that praised Essayli for prosecuting “drug cartels and transnational criminal organizations, sex traffickers, violent street gangs, leftist rioters and domestic terrorists, fraudsters, and child predators.”
“It is a disservice to our prosecutors and the American people when judges prevent the President and the Attorney General from installing qualified and capable prosecutors who will aggressively enforce our laws and make America safe again,” the Justice Department spokesperson said.
This week, L.A. federal prosecutors were in two separate trials involving a charge of assault on a federal officer tied to immigration protests. They have not won a single assault case at trial so far. But this time they have a video of a punch.
The lack of action by Gee, a President Obama appointee, has surprised some legal observers, especially given the swiftness with which judges in other districts have acted. It also has frustrated some former federal prosecutors that fled the office under Essayli’s chaotic tenure.
One former assistant U.S. attorney, who left the office under Essayli and requested anonymity to discuss sitting judges who will likely preside over future cases of theirs in the district, accused Gee and others of “shirking their responsibilities” by not appointing someone to the vacant U.S. attorney post.
Another former Central District prosecutor who left the office before Essayli’s appointment said Gee was being practical, taking a “protective” stance to “keep the court away from the ire and invectives coming out of the White House.”
It is “unfair to say the court is abdicating its authority,” said the ex-prosecutor, who also requested anonymity to speak candidly about the district’s judges.
Under long-standing Senate tradition, individual senators can block a U.S. attorney nominee in their home state by withholding their “blue slip,” which clears a nominee’s path to a confirmation hearing.
Trump has tried to skirt the Senate confirmation process to appoint top federal prosecutors in multiple states, including New Jersey and Virginia, where two of the president’s personal lawyers were named U.S. attorney — who immediately moved to zealously advance the president’s agenda and, in some cases, prosecute his rivals.
In Virginia, Trump replaced U.S. Atty. Erik Siebert, a nominee who was under Senate consideration, with one of his former personal attorneys, Lindsey Halligan. Siebert had refused to prosecute some of Trump’s political enemies and resigned. In her first ever criminal case, Halligan swiftly moved to indict former FBI Director James B. Comey. The prosecution was later thrown out and Halligan’s appointment deemed illegal.
In New York’s Northern District, when judges moved to oust the president’s former campaign attorney — who received the same “first assistant” designation as Essayli — Justice Department officials promptly fired his replacement.
Erwin Chemerinsky, dean of the UC Berkeley School of Law, said Trump’s attempts to bypass the normal confirmation processes are unconstitutional.
“This is very troubling because it circumvents the constitutional procedure of having the president nominate and the Senate confirm. That’s crucial to checks and balances,” he said. “This allows the president to appoint whoever he wants.”
Authorities in L.A. have filed more charges for ‘doxing’ — sharing a federal employee’s protected information online — than any other jurisdiction in the country under the Trump administration.
Though Essayli has more law enforcement experience than many of Trump’s chosen prosecutors, he’s still struggled to achieve courtroom victories. His prosecutors have lost nearly all the cases they’ve brought to trial against anti-Trump protesters and abandoned others after grand juries refused to return indictments.
Meghan Blanco, a former federal prosecutor and veteran defense attorney, suggested Gee’s inaction with Essayli might be a clever act of resistance. Rather than picking a fight with the White House, Blanco said, the judges are letting the top prosecutor fall on his face.
“If you’re a judge and displeased with what DOJ is doing and the shenanigans they’re pulling … you let the Essayli appointment play out,” Blanco said. “No one has seen a U.S. attorney’s office lose the way this office is losing now.”
Sen. Adam Schiff (D-Calif.) told The Times this week that he is working with Sen. Cory Booker (D-N.J.) to craft legislation to clarify the procedures required to appoint U.S. attorneys and prevent Trump and future presidents from circumventing the Senate.
The legislation, which Schiff did not describe in detail, faces an uphill battle even if Democrats retake the Senate in the upcoming midterms. But the California senator said he is committed to challenging Trump’s maneuvering.
Schiff said Essayli “could not be confirmed and for a reason: He lacks the judgment, temperament and integrity required of a U.S. attorney.”
Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said local federal judges may believe it would be “more disruptive to try and put somebody in when the administration will just fire them.”
But their inaction, she said, has effectively confirmed Essayli as U.S. attorney — and highlights “a real weakness in the system” that demands a legislative fix.
“The bottom line is you have an administration that just doesn’t want to follow the rules,” she said. “There has to be some political will to have Congress do its duty.”
Leading Democrats’ remarks that the U.S. Department of Justice cannot be trusted hold stunning implications for American democracy, and followed a week of equally stunning actions by the department.
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