A federal judge will assess the legitimacy of Bill Essayli’s role as the U.S. Attorney for Southern California on Tuesday. The Federal Public Defender’s Office has challenged Essayli’s appointment in three ongoing criminal cases, arguing that he has overstayed his interim role. Essayli, a former state assemblyman, was appointed as interim U.S. Attorney by Attorney General Pam Bondi and refers to himself as the “acting” U.S. Attorney. The defenders claim he is using extralegal reasoning to maintain his position, which requires Senate approval.
The U.S. Department of Justice supports Essayli’s authority, stating that the Attorney General, who is Senate-confirmed, validly delegated the role to him. However, the defenders want the court to void indictments and disqualify Essayli from prosecutions. This challenge comes after similar rulings in New Jersey and Nevada, where judges found acting U.S. Attorneys were not validly serving.
Cuauhtémoc Ortega, the federal public defender for Southern California, leads the challenge against Essayli. Ortega’s office, known for handling numerous immigration-related cases, argues that Essayli’s appointment lacks lawful authority. Ortega’s team has been instrumental in defending against federal overreach, especially in cases involving immigration.
The outcome of this hearing could impact several criminal cases in the district, potentially pausing them while the decision is appealed. The ruling will be closely watched as it may set a precedent for other similar cases across the country.
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