The Federal Public Defense Office in Los Angeles has filed a motion to disqualify the representation of Attorney Bill Essayli, arguing that President Trump’s appointment of him as the top federal prosecutor in Southern California is illegitimate. The former Riverside County Councilman was appointed by U.S. Attorney General Pam Bondy, and his term was set to end in late July unless confirmed by the Senate or federal judges. However, the White House did not nominate him for a permanent position and instead used a legal workaround to extend his term as “acting,” giving him an additional nine months without a confirmation process.
The allegations, filed on Friday, assert that the federal defense office has requested the charges against the defendant, Jaime Ramirez, to be dismissed and that the prosecutors involved should be disqualified from the case. Ramirez faces charges of being a felon in possession of a firearm.
In a detailed 63-page motion, attorneys James Anglin Flynn and Aya A. Sarsour from the federal public advocate’s office suggested that the Trump administration has sidestepped regulations meant to govern temporary roles like that of the U.S. Attorney. Essayli’s term was set to expire on July 29, but lacking formal Senate confirmation, he was designated as “acting” by the White House, allowing him to legally remain in the position for another 210 days without going through a confirmation hearing.
The lawyers argued that when charges against Ramirez were filed on August 8, “Mr. Essay was not acting legally as a U.S. attorney,” and they maintain he lacks the legal authority to continue in that role.
There was no immediate response from the U.S. Attorney’s Office in Los Angeles regarding this matter.
In their filing, Flynn and Sarsour noted that the Trump administration appears to be applying similar tactics to keep political allies in U.S. Attorney positions across several states, including Nevada, New Jersey, and New Mexico. Last week, a federal judge ruled that Alina Haba was unlawfully occupying her role in New Jersey since early July, though the decision is currently on hold pending an appeal.
Haba, appointed earlier this year, has yet to be confirmed by the Senate, and a local federal judge had appointed Decily Lee Grace, a veteran prosecutor, to fill the position. In a move that confused many, Bondi dismissed Grace and reinstated Haba as U.S. attorney, creating uncertainty in New Jersey’s federal criminal court system.
On Tuesday, the Federal Public Defense Office in Nevada requested to either dismiss charges against a client or disqualify the U.S. Attorney’s office entirely. Their 59-page motion contended that Deputy U.S. Attorney Sigal Chatta was not legally serving in her capacity.
The Nevada public advocate contended in front of Judge Matthew W. Blanc that Chatta was not the first assistant—contrary to federal law—which is necessary when the U.S. Attorney’s position is vacant. The motion also claimed that Chatta’s role has exceeded the 120-day limit, making her unable to exercise authority without Senate confirmation.
“The court must dismiss the charges, or at the very least, Chatta should be disqualified from this prosecution,” the Nevada motion stated, adding that judges should appoint appropriate interim U.S. attorneys.
Over 100 retired state and federal judges had called for not appointing Chatta after her interim term ended last month, citing her “racially charged and inflammatory public statements” as disqualifying factors. The group referred to her interim appointment as exemplifying a troubling pattern by the Trump administration that sidesteps the Senate’s constitutional role in confirming U.S. attorneys.
By July, Trump had only formally nominated nine out of 37 interim appointees, raising concerns that if the current trend continues, a third of U.S. attorneys might avoid Senate scrutiny this year. The urgency of Senate approval was emphasized, noting its importance in appointing U.S. attorneys.
Trump’s appointees often reflect loyalty to him personally; for example, Chatta has supported Trump’s unfounded claims of a stolen 2020 election. Haba, previously a private attorney for Trump with no prosecutorial experience, has hinted at changing the political landscape in New Jersey, which has created significant tensions and confusion within the federal prosecutorial environment.
Essayli’s tenure has been marked by a commitment to Trump’s agenda, particularly on hardline immigration policies in Southern California, which has reportedly led to dissatisfaction within his office and a high turnover of prosecutors.
A recent survey indicated that his aggressive stance on immigration-related prosecutions has faced repeated rejection by courts, resulting in a loss of credibility for his office. Even if Trump were to officially appoint him as a permanent U.S. attorney, both California Senators, Alex Padilla and Adam Schiff, appear likely to hinder that process by adopting a strategy that denies the necessary “blue slip” approval.
This procedural gridlock has reportedly frustrated Trump, who has called for an end to this tradition, even as he hinted at potential legal measures.
Legal experts have criticized the White House for its attempts to maintain temporary appointees, indicating that these actions could complicate ongoing criminal cases. Laurie Levenson, a former Los Angeles prosecutor and current law professor, warned that if indictments are not signed by legally authorized U.S. attorneys, they could be rendered invalid.
