{"id":166397,"date":"2026-10-29T09:58:04","date_gmt":"2026-10-29T17:58:04","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/10\/29\/bill-essayli-got-a-new-job-description-but-a-judge-says-its-still-the-same-fake-job\/"},"modified":"2026-10-29T09:58:04","modified_gmt":"2026-10-29T17:58:04","slug":"bill-essayli-got-a-new-job-description-but-a-judge-says-its-still-the-same-fake-job","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/10\/29\/bill-essayli-got-a-new-job-description-but-a-judge-says-its-still-the-same-fake-job\/","title":{"rendered":"Bill Essayli Got A New Job Description, But A Judge Says It\u2019s Still The Same Fake Job"},"content":{"rendered":"

Bill Essayli has had a lot of job titles over the last 19 months. Interim U.S. Attorney. Acting U.S. Attorney. Special Attorney. First Assistant U.S. Attorney. As of this summer, Assistant U.S. Attorney, too. What he hasn\u2019t had, at any point since his 120-day interim term ran out last July, is the legal authority to run the largest federal judicial district in the country.<\/p>\n

On Tuesday, U.S. District Judge J. Michael Seabright \u2014 the Hawaii-based George W. Bush appointee hearing these challenges because every judge in the Central District of California has recused \u2014 said so again. Last fall, Seabright ruled that Essayli wasn\u2019t lawfully serving as acting U.S. Attorney, but let him keep running the office as first assistant<\/a>. That consolation prize is gone:<\/p>\n

\n

Bilal A. Essayli\u2014even in his designated roles as a Special Attorney and FAUSA\u2014is unlawfully serving as a \u201cde facto\u201d United States Attorney, and he is disqualified from (1) participating in or supervising these cases, or (2) otherwise supervising any attorneys in the handling of these cases.<\/p>\n<\/blockquote>\n

The ruling itself wasn\u2019t much of a surprise. Seabright signaled it at the hearing earlier this month<\/a>. What\u2019s remarkable is how little effort the Justice Department put into avoiding it.<\/p>\n

So why is Essayli getting the boot now? Well, to put it bluntly, the Ninth Circuit. In August, it affirmed the disqualification of Sigal Chattah in Nevada<\/a>, and Chattah\u2019s paperwork wasn\u2019t just similar to Essayli\u2019s. Per Seabright, \u201cthe appointment and designation documents for Essayli and Chattah are identical (except for the names and pronouns), and were issued only one day apart.\u201d So, the appeals court also shot down the exact theory that let Essayli keep his office as first assistant: that the Attorney General could delegate him the job\u2019s powers even if he couldn\u2019t hold the job.<\/p>\n

That was an argument DOJ built, in part, on Seabright\u2019s own prior opinion. In a footnote, the judge notes that the government cited his ruling to the Ninth Circuit \u201cno less than nine times,\u201d but the Ninth Circuit was not impressed, rejecting Seabright\u2019s prior opinion \u201con the relevant issues raised in these renewed Motions.\u201d<\/p>\n

The government\u2019s fix was a September 23 \u201crevised designation order\u201d from Attorney General Todd Blanche, authorizing Essayli \u201cto exercise certain functions and duties of the office of United States Attorney,\u201d minus anything that \u201cby law may be performed only by a United States Attorney,\u201d and minus three specific powers the Ninth Circuit had flagged. Seabright was not buying it:<\/p>\n

\n

To begin, the revised designation order is nothing more than a \u201cboilerplate limitation\u201d stating that Essayli is \u201cnot delegated any non-delegable powers,\u201d which Jackson suggests would be \u201can unsuccessful attempt to avoid running afoul of the FVRA.\u201d \u2026 It is the same thing\u2014just with more words\u2014as telling Essayli that he is \u201cnot delegated any non-delegable powers.\u201d<\/p>\n<\/blockquote>\n

As for those three carved-out powers \u2014 certifying certain government appeals, certifying certain juvenile prosecutions, and authorizing applications for tax return information \u2014 Seabright pointed out that Ninth Circuit precedent already says a first assistant can\u2019t exercise them anyway, so not much of a fix:<\/p>\n

\n

And so, withholding the three specific statutory powers mentioned in the revised designation order in reality withholds nothing\u2014these powers could not have been delegated in the first instance. Effectively, the language excluding these functions is mere surplusage\u2014the equivalent of a \u201cboilerplate\u201d delegation to Essayli of all the powers except those that cannot be delegated.<\/p>\n<\/blockquote>\n

When DOJ tried to lean on a hedge in the Ninth Circuit\u2019s language, Seabright noted that \u201c[t]he government hangs on a thin reed.\u201d And when DOJ argued Blanche was really delegating his own<\/em> powers as Attorney General, insisting \u201cthere is no legal or logical basis\u201d to stop him, Seabright replied, \u201cBut there clearly is a basis (both legal and logical) to reject the Attorney General\u2019s delegation of his own powers.\u201d<\/p>\n

Seabright landed in the same place the Ninth Circuit did with Chattah, and the Second Circuit did with John Sarcone in Albany<\/a>: \u201cIn sum, Essayli is unlawfully serving as a \u2018de facto\u2019 United States Attorney, and is disqualified from participating in or supervising the prosecutions of Ramirez and Tran.\u201d<\/p>\n

The defendants once again did not get their indictments tossed, since they were signed by properly appointed AUSAs and there\u2019s been no showing of \u201csubstantial prejudice.\u201d But Seabright left a warning there too: \u201cAlthough, at prong one, circumstances may be moving closer towards \u2018flagrant misbehavior,\u2019 Bundy requires both prongs to be satisfied.\u201d That\u2019s judge for \u201ckeep it up and see what happens.\u201d<\/p>\n

Essayli, for his part, took to X<\/a>:<\/p>\n

\n

Just so there\u2019s no confusion, today\u2019s order is stayed and has no immediate effect. I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.<\/p>\n<\/blockquote>\n

Technically, sure. Under a stipulation between the parties, the disqualification doesn\u2019t take effect until Seabright rules on the stay motion DOJ has already promised to file. But \u201ccontinue running the office\u201d is a bold thing to post the day a federal judge ruled that running the office is precisely what you\u2019re not allowed to do. In a statement, Essayli added that \u201c[t]he President and the Attorney General have every right to select supervisors within the Justice Department.\u201d They do. It\u2019s called the nomination process. And per Seabright, the President \u201chad not (and still has not) nominated anyone\u201d for the job.<\/p>\n

Essayli now joins a roster of administration picks that federal courts booted for making an end run around the confirmation process:<\/p>\n

* Alina Habba (District of New Jersey) \u2014 ruled unlawful by Chief Judge Matthew Brann in August 2025, affirmed by the Third Circuit<\/a>; she resigned.
* Sigal Chattah (District of Nevada) \u2014 ruled unlawful by Judge David Campbell in September 2025<\/a>, affirmed by the Ninth Circuit in August.
* Bill Essayli (Central District of California) \u2014 ruled unlawful by Judge Seabright in October 2025<\/a>, and now disqualified even as first assistant.
* Lindsey Halligan (Eastern District of Virginia) \u2014 found unlawfully appointed as interim U.S. Attorney by Judge Cameron McGowan Currie in November 2025, taking the Comey and James indictments down with her<\/a>; she left DOJ in January after Judge David Novak\u2019s order<\/a>.
* John Sarcone III (Northern District of New York) \u2014 ruled unlawful by Judge Lorna Schofield in January, affirmed 2-1 by the Second Circuit in August<\/a>.
* Ryan Ellison (District of New Mexico) \u2014 ruled \u201cnot, and was never\u201d validly acting U.S. Attorney by Senior Judge David Nuffer in January<\/a>, though allowed to stay on as first assistant.<\/p>\n

Cert petitions in the Chattah and Sarcone cases are currently pending at the Supreme Court.<\/p>\n

Earlier: <\/strong>Even Trump\u2019s Own Judges Agree: Sigal Chattah Isn\u2019t A Real U.S. Attorney<\/a>
Trump Fires U.S. Attorney After 54 Minutes, Replaces Him With Fake Prosecutor<\/a>
DOJ Flames Judiciary Over Impertinent Demand For Competent US Attorneys<\/a>
*Another* U.S. Attorney Disqualified After Failing The \u2018Actually Appointed\u2019 Test<\/a>
Lindsey Halligan Says Her \u2018I\u2019m An Illegal Appointment\u2019 T-Shirt Has People Asking A Lot Of Questions Already Answered By Her Shirt<\/a>
Alina Habba Quits Job She Never Legally Held<\/a>
A Bad Week For Trump\u2019s Fake U.S. Attorneys<\/a>
Another Day, Another Fake MAGA Prosecutor<\/a>
Lindsey Halligan Manages To Lose Two Cases At Once, Which Is Honestly Impressive<\/a>
Judge Calls Out Trump Appointee For Cosplaying As Federal Prosecutor<\/a>
Alina Habba Is So Back, Baby<\/a><\/p>\n

\n

\"\"<\/p>\n

Kathryn Rubino is a Senior Editor at Above the Law, host of\u00a0The Jabot podcast<\/a>, and co-host of\u00a0Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email\u00a0her<\/a>\u00a0with any tips, questions, or comments and follow her on Twitter\u00a0@Kathryn1<\/a>\u00a0or Bluesky\u00a0@Kathryn1<\/a><\/em><\/strong><\/p>\n

The post Bill Essayli Got A New Job Description, But A Judge Says It\u2019s Still The Same Fake Job<\/a> appeared first on Above the Law<\/a>.<\/p>\n

<\/em><\/strong><\/p>\n

\"\"
\n\t\t\t\t\t\t\tBilal A. “Bill” Essayli (Allen J. Schaben \/ Los Angeles Times via Getty Images)\t\t\t\t\t\t<\/figcaption><\/figure>\n

Bill Essayli has had a lot of job titles over the last 19 months. Interim U.S. Attorney. Acting U.S. Attorney. Special Attorney. First Assistant U.S. Attorney. As of this summer, Assistant U.S. Attorney, too. What he hasn\u2019t had, at any point since his 120-day interim term ran out last July, is the legal authority to run the largest federal judicial district in the country.<\/p>\n

On Tuesday, U.S. District Judge J. Michael Seabright \u2014 the Hawaii-based George W. Bush appointee hearing these challenges because every judge in the Central District of California has recused \u2014 said so again. Last fall, Seabright ruled that Essayli wasn\u2019t lawfully serving as acting U.S. Attorney, but let him keep running the office as first assistant<\/a>. That consolation prize is gone:<\/p>\n

\n

Bilal A. Essayli\u2014even in his designated roles as a Special Attorney and FAUSA\u2014is unlawfully serving as a \u201cde facto\u201d United States Attorney, and he is disqualified from (1) participating in or supervising these cases, or (2) otherwise supervising any attorneys in the handling of these cases.<\/p>\n<\/blockquote>\n

The ruling itself wasn\u2019t much of a surprise. Seabright signaled it at the hearing earlier this month<\/a>. What\u2019s remarkable is how little effort the Justice Department put into avoiding it.<\/p>\n

So why is Essayli getting the boot now? Well, to put it bluntly, the Ninth Circuit. In August, it affirmed the disqualification of Sigal Chattah in Nevada<\/a>, and Chattah\u2019s paperwork wasn\u2019t just similar to Essayli\u2019s. Per Seabright, \u201cthe appointment and designation documents for Essayli and Chattah are identical (except for the names and pronouns), and were issued only one day apart.\u201d So, the appeals court also shot down the exact theory that let Essayli keep his office as first assistant: that the Attorney General could delegate him the job\u2019s powers even if he couldn\u2019t hold the job.<\/p>\n

That was an argument DOJ built, in part, on Seabright\u2019s own prior opinion. In a footnote, the judge notes that the government cited his ruling to the Ninth Circuit \u201cno less than nine times,\u201d but the Ninth Circuit was not impressed, rejecting Seabright\u2019s prior opinion \u201con the relevant issues raised in these renewed Motions.\u201d<\/p>\n

The government\u2019s fix was a September 23 \u201crevised designation order\u201d from Attorney General Todd Blanche, authorizing Essayli \u201cto exercise certain functions and duties of the office of United States Attorney,\u201d minus anything that \u201cby law may be performed only by a United States Attorney,\u201d and minus three specific powers the Ninth Circuit had flagged. Seabright was not buying it:<\/p>\n

\n

To begin, the revised designation order is nothing more than a \u201cboilerplate limitation\u201d stating that Essayli is \u201cnot delegated any non-delegable powers,\u201d which Jackson suggests would be \u201can unsuccessful attempt to avoid running afoul of the FVRA.\u201d \u2026 It is the same thing\u2014just with more words\u2014as telling Essayli that he is \u201cnot delegated any non-delegable powers.\u201d<\/p>\n<\/blockquote>\n

As for those three carved-out powers \u2014 certifying certain government appeals, certifying certain juvenile prosecutions, and authorizing applications for tax return information \u2014 Seabright pointed out that Ninth Circuit precedent already says a first assistant can\u2019t exercise them anyway, so not much of a fix:<\/p>\n

\n

And so, withholding the three specific statutory powers mentioned in the revised designation order in reality withholds nothing\u2014these powers could not have been delegated in the first instance. Effectively, the language excluding these functions is mere surplusage\u2014the equivalent of a \u201cboilerplate\u201d delegation to Essayli of all the powers except those that cannot be delegated.<\/p>\n<\/blockquote>\n

When DOJ tried to lean on a hedge in the Ninth Circuit\u2019s language, Seabright noted that \u201c[t]he government hangs on a thin reed.\u201d And when DOJ argued Blanche was really delegating his own<\/em> powers as Attorney General, insisting \u201cthere is no legal or logical basis\u201d to stop him, Seabright replied, \u201cBut there clearly is a basis (both legal and logical) to reject the Attorney General\u2019s delegation of his own powers.\u201d<\/p>\n

Seabright landed in the same place the Ninth Circuit did with Chattah, and the Second Circuit did with John Sarcone in Albany<\/a>: \u201cIn sum, Essayli is unlawfully serving as a \u2018de facto\u2019 United States Attorney, and is disqualified from participating in or supervising the prosecutions of Ramirez and Tran.\u201d<\/p>\n

The defendants once again did not get their indictments tossed, since they were signed by properly appointed AUSAs and there\u2019s been no showing of \u201csubstantial prejudice.\u201d But Seabright left a warning there too: \u201cAlthough, at prong one, circumstances may be moving closer towards \u2018flagrant misbehavior,\u2019 Bundy requires both prongs to be satisfied.\u201d That\u2019s judge for \u201ckeep it up and see what happens.\u201d<\/p>\n

Essayli, for his part, took to X<\/a>:<\/p>\n

\n

Just so there\u2019s no confusion, today\u2019s order is stayed and has no immediate effect. I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.<\/p>\n<\/blockquote>\n

Technically, sure. Under a stipulation between the parties, the disqualification doesn\u2019t take effect until Seabright rules on the stay motion DOJ has already promised to file. But \u201ccontinue running the office\u201d is a bold thing to post the day a federal judge ruled that running the office is precisely what you\u2019re not allowed to do. In a statement, Essayli added that \u201c[t]he President and the Attorney General have every right to select supervisors within the Justice Department.\u201d They do. It\u2019s called the nomination process. And per Seabright, the President \u201chad not (and still has not) nominated anyone\u201d for the job.<\/p>\n

Essayli now joins a roster of administration picks that federal courts booted for making an end run around the confirmation process:<\/p>\n

* Alina Habba (District of New Jersey) \u2014 ruled unlawful by Chief Judge Matthew Brann in August 2025, affirmed by the Third Circuit<\/a>; she resigned.
* Sigal Chattah (District of Nevada) \u2014 ruled unlawful by Judge David Campbell in September 2025<\/a>, affirmed by the Ninth Circuit in August.
* Bill Essayli (Central District of California) \u2014 ruled unlawful by Judge Seabright in October 2025<\/a>, and now disqualified even as first assistant.
* Lindsey Halligan (Eastern District of Virginia) \u2014 found unlawfully appointed as interim U.S. Attorney by Judge Cameron McGowan Currie in November 2025, taking the Comey and James indictments down with her<\/a>; she left DOJ in January after Judge David Novak\u2019s order<\/a>.
* John Sarcone III (Northern District of New York) \u2014 ruled unlawful by Judge Lorna Schofield in January, affirmed 2-1 by the Second Circuit in August<\/a>.
* Ryan Ellison (District of New Mexico) \u2014 ruled \u201cnot, and was never\u201d validly acting U.S. Attorney by Senior Judge David Nuffer in January<\/a>, though allowed to stay on as first assistant.<\/p>\n

Cert petitions in the Chattah and Sarcone cases are currently pending at the Supreme Court.<\/p>\n

Earlier: <\/strong>Even Trump\u2019s Own Judges Agree: Sigal Chattah Isn\u2019t A Real U.S. Attorney<\/a>
Trump Fires U.S. Attorney After 54 Minutes, Replaces Him With Fake Prosecutor<\/a>
DOJ Flames Judiciary Over Impertinent Demand For Competent US Attorneys<\/a>
*Another* U.S. Attorney Disqualified After Failing The \u2018Actually Appointed\u2019 Test<\/a>
Lindsey Halligan Says Her \u2018I\u2019m An Illegal Appointment\u2019 T-Shirt Has People Asking A Lot Of Questions Already Answered By Her Shirt<\/a>
Alina Habba Quits Job She Never Legally Held<\/a>
A Bad Week For Trump\u2019s Fake U.S. Attorneys<\/a>
Another Day, Another Fake MAGA Prosecutor<\/a>
Lindsey Halligan Manages To Lose Two Cases At Once, Which Is Honestly Impressive<\/a>
Judge Calls Out Trump Appointee For Cosplaying As Federal Prosecutor<\/a>
Alina Habba Is So Back, Baby<\/a><\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of\u00a0The Jabot podcast<\/a>, and co-host of\u00a0Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email\u00a0her<\/a>\u00a0with any tips, questions, or comments and follow her on Twitter\u00a0@Kathryn1<\/a>\u00a0or Bluesky\u00a0@Kathryn1<\/a><\/em><\/strong><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Bill Essayli has had a lot of job titles over the last 19 months. Interim U.S. Attorney. Acting U.S. Attorney. Special Attorney. First Assistant U.S. Attorney. As of this summer, Assistant U.S. Attorney, too. What he hasn\u2019t had, at any point since his 120-day interim term ran out last July, is the legal authority to […]<\/p>\n","protected":false},"author":3,"featured_media":166375,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[16],"tags":[],"class_list":["post-166397","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/166397","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=166397"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/166397\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/166375"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=166397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=166397"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=166397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}