lindsey halligan

A federal judge Tuesday ruled that Acting U.S. Atty. Bill Essayli is not lawfully serving in that role, but declined to dismiss criminal indictments that were challenged by defense attorneys.

Senior Judge J. Michael Seabright from the District of Hawaii was brought in to oversee the case after federal judges in Los Angeles recused themselves. In his ruling, Seabright said Essayli “unlawfully assumed the role of Acting United States Attorney” but can remain in charge under a different title.

Seabright said Essayli “remains the First Assistant United States Attorney” and can “perform the functions and duties of that office.”

Essayli, a former Riverside County assemblyman, was appointed as the region’s interim top federal prosecutor by U.S. Atty. Gen. Pam Bondi in April.

The top prosecutors in charge of U.S. Attorney’s offices are supposed to be confirmed by the U.S. Senate or a panel of federal judges, but the Trump administration has circumvented the normal process in order to allow Essayli and others to remain on the job without facing a vote.

Essayli’s temporary appointment was set to expire in late July, but the White House never moved to nominate him to a permanent role, instead opting to use an unprecedented legal maneuver to shift his title to “acting,” extending his term for an additional nine months.

Challenges to Essayli’s appointment have been brought in at least three criminal cases, with defense lawyers arguing that charges brought under his watch are invalid. The federal public defender’s office in Los Angeles asked the judge to disqualify Essayli from participating in and supervising criminal prosecutions in the district.

The U.S. Attorney’s office in Los Angeles did not immediately respond to a request for comment.

Seabright’s ruling comes amid similar challenges across the country to the Trump administration’s tactics for installing loyalists who wield the power to bring criminal charges and sue on the government’s behalf.

A federal judge in August determined Alina Habba has been illegally occupying the U.S. attorney post in New Jersey, although that order was put on hold pending appeal. Last month a federal judge disqualified Nevada’s top federal prosecutor, Sigal Chattah, from several cases, concluding she “is not validly serving as acting U.S. attorney.” Chattah’s disqualification also is paused while the Department of Justice appeals the decision.

James Comey, the former FBI director charged with lying to Congress, cited the Nevada and New Jersey cases in a recent filing and is now challenging the legality of Trump’s appointment of Lindsey Halligan as U.S. attorney for the Eastern District of Virginia. Halligan was appointed after his predecessor, also a Trump appointee, refused to seek charges against Comey.

Since taking office, Essayli has doggedly pursued President Trump’s agenda, championing hard-line immigration enforcement in Southern California, often using the president’s language at news conferences. Essayli’s tenure has sparked discord in the office, with dozens of career DOJ prosecutors quitting.

The judge’s ruling Tuesday conceded arguments from the Justice Department that Essayli would continue leading the U.S. Attorney’s office in L.A. regardless of how the judged decided on the challenge to his status.

Assistant U.S. Atty. Alexander P. Robbins said that because Essayli also has been designated as first assistant U.S. attorney, he would retain his authority even if stripped of the “acting” title.

Bondi in July also appointed him as a “special attorney.” Robbins told the judge that “there’s no developed challenge to Mr. Essayli’s appointment as a special attorney or his designation as a first assistant.”

The prosecutor told the judge the government believes Essayli’s term will end Feb. 24 and that afterward the role of acting U.S. attorney will remain vacant.

Robbins argued in a court filing that the court shouldn’t order Essayli “to remove the prosecutorial and supervisory hats that many others in this Office wear, sowing chaos and confusion into the internal workings of the U.S. Attorney’s Office for the largest district in the country.”

When asked by a Times reporter last month about the motion to disqualify him, Essayli said “the president won the election.”

“The American people provided him a mandate to run the executive branch, including the U.S. attorney’s office, and I look forward to serving at the pleasure of the president,” he said during a news conference.

NORFOLK, Va. — New York Atty. Gen. Letitia James is set to make her first court appearance in a mortgage fraud case on Friday, the third adversary of President Trump to face a judge on federal charges in recent weeks.

James was indicted earlier this month on charges of bank fraud and making false statements to a financial institution in connection with a 2020 home purchase in Norfolk, Va. The charges came shortly after the official who had been overseeing the investigation was pushed out by the Trump administration and the Republican president publicly called on the Justice Department to take action against James and other political foes.

James, a Democrat who has sued Trump and his administration dozens of times, has denied wrongdoing and decried the indictment as “nothing more than a continuation of the president’s desperate weaponization of our justice system.”

The indictment stems from James’ purchase of a modest house in Norfolk, where she has family. During the sale, she signed a standard document called a “second home rider” in which she agreed to keep the property primarily for her “personal use and enjoyment for at least one year,” unless the lender agreed otherwise.

Rather than using the home as a second residence, the indictment alleges, James rented it out to a family of three. According to the indictment, the misrepresentation allowed James to obtain favorable loan terms not available for investment properties.

James drew Trump’s ire when she won a staggering judgment against the president and his companies in a lawsuit alleging he defrauded banks by overstating the value of his real estate holdings on financial statements. An appeals court overturned the fine, which had ballooned to more than $500 million with interest, but upheld a lower court’s finding that Trump had committed fraud.

James’ indictment followed the resignation of Erik Siebert as U.S. attorney for the Eastern District of Virginia after he resisted Trump administration pressure to bring charges. Siebert was replaced with Lindsey Halligan, a White House aide and former Trump lawyer who had never previously served as a federal prosecutor and presented James’ case to the grand jury herself.

On Thursday, lawyers for James asked for an order prohibiting prosecutors from disclosing to the news media information about the investigation, or materials from the case, outside of court.

The motion followed the revelation from earlier this week that Halligan contacted via an encrypted text messaging platform a reporter from Lawfare, a media organization that covers legal and national security issues, to discuss the James prosecution and complain about coverage of it. The reporter published the exchange that she and Halligan had.

“The exchange was a stunning disclosure of internal government information,” lawyers for James wrote.

They added: “It has been reported that Ms. Halligan has no prosecutorial experience whatsoever. But all federal prosecutors are required to know and follow the rules governing their conduct from their first day on the job, and so any lack of experience cannot excuse their violation.”

The motion also asks that the government be required to preserve all communications with representatives of the media as well as to prevent the deletion of any records or communications related to the investigation and the prosecution of the case.

Separately on Thursday, defense lawyers said they intended to challenge Halligan’s appointment, a step also taken this week by attorneys for former FBI Director James Comey in a different case filed by Halligan. Comey has been charged with lying to Congress in a criminal case filed days after Trump appeared to urge his attorney general to prosecute him, and he has pleaded not guilty.

A third Trump adversary, former national security adviser John Bolton, pleaded not guilty last week to charges against him of emailing classified information to family members and keeping top secret documents at his Maryland home.

The Justice Department has also been investigating mortgage fraud allegations against Democratic Sen. Adam Schiff of California, whom Trump has called to be prosecuted over allegations related to a property in Maryland. In a separate mortgage investigation, authorities have been probing allegations against Federal Reserve Board member Lisa Cook, who is challenging a Trump administration effort to remove her from her job. Schiff and Cook have denied wrongdoing.

Finely and Richer write for the Associated Press. Richer reported from Washington. Associated Press reporter Eric Tucker in Washington contributed to this report.