Federal judge rules U.S. attorney in California has been 'unlawfully serving' in role

The judge found that Trump appointee Bilal Essayli unlawfully assumed the post after resigning in July as interim attorney for the Central District of California.

A federal judge ruled Tuesday that the acting U.S. attorney for the Central District of California — the largest federal judicial district in the country — has been “unlawfully serving” in the role, in part because the Senate hasn’t confirmed him.

In a 64-page order, U.S. District Judge J. Michael Seabright found that Bilal Essayli unlawfully assumed the post after he resigned in July as interim U.S. attorney for the district, which serves seven California counties, including Los Angeles, Orange, Riverside and San Bernardino.

"Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role," Seabright wrote.

Seabright declined to toss out the cases Essayli was involved in prosecuting. "They were lawfully signed by other attorneys for the government and there has been no showing of due process violations or other irregularities" in prosecutions due to Essayli's unlawful service, he wrote.

Essayli may hold the title of “First Assistant United States Attorney” for the Central District of California, Seabright wrote, adding that the attorney has the authority to perform the functions and duties of that office. Seabright also didn’t dismiss the indictments against defendants Essayli prosecuted because other prosecutors from his office were listed as signers in those filings.