The Los Angeles federal public defender’s office on Friday joined a renewed effort to oust Bill Essayli, the top federal prosecutor in Southern California, accusing the government of “playing shadow games with the most consequential powers a government can wield against its population.”
Citing a recent order from the 9th Circuit Court of Appeals in United States v. Jackson, the public defender’s office renewed a motion seeking to disqualify Essayli from participating in or supervising the prosecution of their client, Jaime Ramirez.
The federal appellate court ruled last month that the Department of Justice cannot keep an official who has not been confirmed by the Senate in charge of a U.S. attorney’s office simply by giving that person a different title and the full powers of the job.
In their motion filed Friday, James Anglin Flynn and Ayah A. Sarsour, deputy federal public defenders, accused the government of asking them “to trust that there are some undisclosed limits on Essayli’s authority that render it valid.”
“The buck should stop here, and it should stop now,” they wrote.
The U.S. attorney’s office in L.A. did not immediately respond to a request for comment.
H. Dean Steward, a defense attorney, first kicked off the renewed effort last week, filing a motion asking Senior U.S. District Judge J. Michael Seabright to reconsider his prior ruling. Steward argued that Essayli should not be allowed to continue leading the office.
Seabright previously disqualified Essayli as acting U.S. attorney in October, finding he was “not lawfully serving” in the top role. But Seabright — who was appointed to the bench by President George W. Bush — said the court had “no basis to preclude Essayli from performing the lawful duties” of first assistant U.S. attorney, which left the door open for him to remain in charge.
Seabright scheduled a hearing for Oct. 13 on the latest motion. At a Zoom hearing on Aug. 28, Seabright appeared to signal which way he is leaning.
“I’m not sure if the government is just saying my decision was different from Jackson and therefore it stands. I’m not sure that passes muster given how the 9th Circuit ruled in Jackson,” Seabright said. “I think there’s going to have to be more in-depth briefing than the government has given me to date.”
The federal appellate court ruling stemmed from a challenge to the authority of Nevada’s top federal prosecutor, Sigal Chattah, whom the Justice Department had designated “first assistant” U.S. attorney. With no one above her in the office, Chattah has seemingly been calling the shots on federal prosecutions in the state, handling cases referred by the FBI, the Drug Enforcement Administration and other law enforcement agencies.
The Justice Department previously said it disagreed with the 9th Circuit’s decision and plans to appeal it to the Supreme Court. The agency did not respond to questions about what effect the ruling could have on Essayli.
The Trump administration has used a similar workaround to keep Essayli running the U.S. attorney’s office in L.A. without going through the Senate confirmation process, where he likely would have faced strong opposition from California’s elected representatives.
Essayli, 40, has continued leading the federal prosecutor’s office in the Central District of California as “first assistant” despite a federal judge’s ruling last year that said he was unlawfully serving as the acting U.S. attorney. The Justice Department did not appeal that ruling.
Instead, Essayli’s office has maintained that he can prosecute and supervise cases as first assistant. He also was appointed as a “special attorney” by the Trump administration, a title similarly held by Chattah in Nevada.
“To be sure, First Assistant Essayli may be the highest-ranking DOJ lawyer in the U.S. Attorney’s Office, and (like many in the office) he supervises others,” Assistant U.S. Atty. Alexander P. Robbins said in a filing last month. “But that cannot make him a “de facto” U.S. Attorney, and he does not purport to exercise “all of the functions of [that] office.”
Flynn and Sarsour pushed back on that claim in their motion, arguing that the government “is asking this Court to accept a theory that the Ninth Circuit rejected, nearly verbatim less than three weeks ago.” The government, they wrote, “appears to be asking this Court to consider and approve a hypothetical delegation to Essayli of some subset of the U.S. Attorney powers.”
“For over a year, this illegal exercise of prosecutorial powers has violated Mr. Ramirez’s constitutional rights and undermined the legitimacy of the criminal justice system in this district,” Flynn and Sarsour wrote. “In line with Jackson, two other Courts of Appeals have now affirmed the common-sense remedy that this illegality should be stopped.”
The deputy federal public defenders said a defense analysis identified invalid service as acting or de facto U.S. Attorneys in at least 16 districts across the country.
A former Republican member of the California state Assembly from Riverside, Essayli has used his position to act as one of Trump’s fiercest legal foot soldiers. He has pursued criminal charges against protesters, activists and immigrants while dropping cases involving administration allies and supporting lawsuits challenging transgender and environmental policies in California.
Essayli was sworn in as interim U.S. attorney in April 2025. Around the time he hit that role’s 120-day limit, he resigned from his interim role and was allowed to continue under his current titles by then-Atty. Gen. Pam Bondi.
Challenges to Essayli’s position were brought in several criminal cases, with defense lawyers arguing that charges filed under his watch are invalid and should be dismissed. The federal public defender’s office in L.A. had asked the judge to disqualify Essayli from participating in and supervising criminal prosecutions.