Conservative lawyer Bill Essayli, chosen by President Donald Trump to serve as the top U.S. prosecutor in Los Angeles, has been found to have been serving in his role unlawfully by a federal judge.

Essayli, 40, was appointed acting U.S. attorney for the Central District of California last year but now becomes the latest member of the Trump administration to be ordered to stand down for overstaying their welcome following Tuesday’s ruling by District Judge J Michael Seabright.

Seabright wrote in his decision that Essayli “is unlawfully serving as a ‘de facto’ United States Attorney,” although his order to step aside will not come into effect until his court rules on the government’s motion for a stay pending appeal.

A former lawmaker who served in the California State Assembly from 2022 until 2025 and was known for criticizing the state’s Covid-19 protocols and protections for undocumented migrants, Essayli said he did not agree with the decision.

“We respectfully disagree with the court’s order,” he said in a statement. “The president and the attorney general have every right to select supervisors within the Justice Department. Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then.”

The Trump administration has preferred to pick U.S. attorneys on a temporary basis rather than subject them to a gruelling Senate confirmation process that requires bipartisan consensus.

However, federal law sets a 120-day time-limit on people holding such roles in a temporary capacity and judges have found a number of the administration’s interim attorneys to be serving unlawfully, including Trump’s former personal lawyer Alina Habba in New Jersey, John Sarcone in the Northern District of New York and Lindsey Halligan in the Eastern District of Virginia.

The Independent has reached out to the Department of Justice for comment.

Essayli was first appointed as interim U.S attorney April 2 last year by then-attorney general Pam Bondi but, when his 120 days were up on July 29, she moved him to acting attorney, effectively resetting the clock.

Seabright then intervened on October 28 to issue an order disqualifying Essayli from overseeing several criminal cases, concluding his authority as a temporary appointee had expired after July 29. He was ultimately allowed to stay on in a new post as first assistant U.S. attorney.

However, the administration did not go on to nominate a new permanent attorney or replacement acting attorney, leaving Essayli as the top prosecutor in his jurisdiction. He has since continued to serve as the administration’s man in blue California, fronting legal challenges on alleged healthcare fraud and voting by alleged non-citizens.

In his latest judgement, Seabright said that an August appeals court ruling in a similar case had given him cause to reconsider Essayli’s status.

The 9th U.S. Circuit Court of Appeals ruled that Sigal Chattah – another Trump administration choice, picked to serve as the U.S. attorney in Nevada – had been unlawfully appointed to spearhead federal prosecutions there.

Seabright found that Bondi had given Chattah first assistant attorney status in an “identical” manner to Essayli, prompting him to revisit the matter in light of the Nevada ruling.

Noting that Todd Blanche, her successor, had given the Californian a new designation with fewer duties, Seabright concluded that “nothing in the revised designation order materially distinguishes it from the Chattah designation order deemed improper” by the appeals court.

H Dean Steward, a defense lawyer who challenged Essayli’s position, said the decision represented a “victory for the rule of law and the U.S. Constitution” in a statement to The Los Angeles Times.

“The Trump administration ignored the laws governing the appointment of U.S. attorneys and got caught in Los Angeles,” he said. “Trump and his Department of Justice violated the law again and again in an effort to install minions as chief federal prosecutors.”