The federal public defender’s office in Los Angeles has filed a motion to disqualify acting U.S. Attorney Bill Essayli, claiming he is unlawfully occupying his position. Appointed by U.S. Attorney General Pam Bondi in April, Essayli’s term was set to expire in late July unless confirmed by the U.S. Senate or a panel of federal judges. However, the White House used a legal maneuver to extend his term by shifting his title to “acting,” allowing him to serve an additional nine months without confirmation.
The motion, filed Friday, argues that the Trump administration circumvented congressional limitations on temporary service in key offices, including U.S. attorneys. The public defender’s office is also seeking to dismiss an indictment against Jaime Ramirez, who was charged with being a felon in possession of a firearm. The motion claims Essayli was not lawfully acting as U.S. Attorney when the indictment was obtained on August 13.
According to the Los Angeles Times, the Trump administration has used similar strategies to keep political allies in power in other states, leading to mounting legal challenges. A federal judge recently ruled that Alina Habba was illegally occupying her seat in New Jersey, a decision currently on hold pending appeal.
The New York Times reports that Essayli, a former Riverside County assemblyman, has been outspoken on political issues, often echoing President Trump’s language. His appointment without Senate confirmation has sparked discord within the U.S. attorney’s office, leading to resignations and concerns about the validity of indictments.
The Department of Justice and Essayli’s office have declined to comment on the motion. Legal experts warn that the unprecedented use of these laws could affect criminal cases, as indictments may be invalid if not signed by a lawful U.S. attorney.
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