Judge Asked to Disqualify LA Acting US Attorney Bill Essayli

The federal public defender’s office in Los Angeles moved to disqualify acting US attorney Bill Essayli, citing a decision that ruled New Jersey’s top federal prosecutor ineligible to serve on similar grounds.

Essayli, who was kept as the acting head of the Central District of California office at the close of his 120-day interim period, has no lawful authority to participate in criminal prosecutions now under federal appointments law, deputy federal public defenders James Anglin Flynn and Ayah A. Sarsour said in their motion that was signed Thursday and filed Friday.

Essayli is among a “pattern of improper appointments” to lead US attorneys offices under the Trump administration in at least four districts, the attorneys said in the document submitted in Los Angeles federal court before Judge Sunshine Suzanne Sykes.

The motion said that Essayli didn’t hold a role that would qualify him as an “acting” official under the Federal Vacancies Reform Act, has already run out the clock on 120 days of service, and hasn’t been confirmed by the Senate to serve in his role indefinitely, the motion said.

“A private citizen—not lawfully appointed to any government position—is purporting to wield one of the most powerful offices in our criminal-justice system,” the motion said. “Other private individuals’ liberty is on the line.”