{"id":251470,"date":"2026-04-04T10:16:24","date_gmt":"2026-04-04T10:16:24","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/251470\/"},"modified":"2026-04-04T10:16:24","modified_gmt":"2026-04-04T10:16:24","slug":"the-loophole-that-keeps-a-trump-loyalist-as-l-a-s-federal-prosecutor","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/251470\/","title":{"rendered":"The loophole that keeps a Trump loyalist as L.A.\u2019s federal prosecutor"},"content":{"rendered":"\n<p>Across the country, President Trump has installed handpicked loyalists as top federal prosecutors. Several have been pushed out after legal battles because they lack Senate confirmation to serve as U.S. attorneys. <\/p>\n<p>But in Los Angeles, Bill Essayli wields the power of a top prosecutor under a lesser title: \u201cfirst assistant.\u201d<\/p>\n<p>Essayli clocked his first full year in office this week. He has survived the kinds of challenges that sunk Trump picks in other states through a combination of legal gamesmanship by the U.S. Department of Justice and a lack of action by judges in the Central District of California.<\/p>\n<p>Essayli has used his position to act as one of Trump\u2019s fiercest legal foot soldiers. He has pursued criminal charges against protesters, activists and immigrants while dropping cases involving administration allies and supporting lawsuits over transgender and environmental policies in California.<\/p>\n<p>After Trump\u2019s firing Thursday of U.S. Atty. Gen. Pam Bondi, it\u2019s unclear how her replacement will handle continuing battles over the legality of Trump\u2019s appointees. Essayli is popular with high-level administration officials, and received a congratulatory post on X from Vice President JD Vance over the filing of <a class=\"link\" href=\"https:\/\/www.latimes.com\/california\/story\/2026-04-02\/california-hospice-fraud-investigation-arrests\" rel=\"nofollow noopener\" target=\"_blank\">fraud cases earlier this week.<\/a> <\/p>\n<p>A conservative former state Assembly member from Riverside County, Essayli, 40, was sworn in as interim U.S. attorney last April. Around the time he hit that role\u2019s 120-day limit, Bondi made him a \u201cspecial attorney\u201d and designated him \u201cfirst assistant.\u201d A federal judge later disqualified Essayli as acting U.S. attorney, finding he was \u201cnot lawfully serving\u201d in the top role. But the judge said he had no authority to undo Essayli\u2019s designation as first assistant. With no one above him in the office, that title leaves Essayli as the de facto U.S. attorney. <\/p>\n<p>In other jurisdictions, members of the federal bench have exercised their authority to appoint an interim U.S. attorney. Chief U.S. District Judge Dolly M. Gee\u2019s chambers did not respond to a request for comment about why no similar action has been taken in L.A.<\/p>\n<p>A court spokesman declined to comment. Essayli did not respond to a request for comment. The White House referred questions to the Justice Department. <\/p>\n<p>A Justice Department spokesperson issued a statement that praised Essayli for prosecuting \u201cdrug cartels and transnational criminal organizations, sex traffickers, violent street gangs, leftist rioters and domestic terrorists, fraudsters, and child predators.\u201d<\/p>\n<p>\u201cIt is a disservice to our prosecutors and the American people when judges prevent the President and the Attorney General from installing qualified and capable prosecutors who will aggressively enforce our laws and make America safe again,\u201d the Justice Department spokesperson said.<\/p>\n<p>The lack of action by Gee, a President Obama appointee, has surprised some legal observers, especially given the swiftness with which judges in other districts have acted. It also has frustrated some former federal prosecutors that fled the office under <a class=\"link\" href=\"https:\/\/www.latimes.com\/california\/story\/2025-07-25\/essayli-strongly-backs-trump-agenda-will-he-be-permanent-us-attorney\" rel=\"nofollow noopener\" target=\"_blank\">Essayli\u2019s chaotic tenure. <\/a><\/p>\n<p>One former assistant U.S. attorney, who left the office under Essayli and requested anonymity to discuss sitting judges who will likely preside over future cases of theirs in the district, accused Gee and others of \u201cshirking their responsibilities\u201d by not appointing someone to the vacant U.S. attorney post.<\/p>\n<p>Another former Central District prosecutor who left the office before Essayli\u2019s appointment said Gee was being practical, taking a \u201cprotective\u201d stance to \u201ckeep the court away from the ire and invectives coming out of the White House.\u201d <\/p>\n<p>It is \u201cunfair to say the court is abdicating its authority,\u201d said the ex-prosecutor, who also requested anonymity to speak candidly about the district\u2019s judges.<\/p>\n<p>Under long-standing Senate tradition, individual senators can block a U.S. attorney nominee in their home state by withholding their \u201cblue slip,\u201d which clears a nominee\u2019s path to a confirmation hearing.<\/p>\n<p>Trump has tried to skirt the Senate confirmation process to appoint top federal prosecutors in multiple states, including New Jersey and Virginia, where two of the president\u2019s personal lawyers were named U.S. attorney \u2014 who immediately moved to zealously advance the president\u2019s agenda and, in some cases, prosecute his rivals.<\/p>\n<p>In Virginia, Trump replaced U.S. Atty. Erik Siebert, a nominee who was under Senate consideration, with one of his former personal attorneys, Lindsey Halligan. Siebert had refused to prosecute some of Trump\u2019s political enemies and resigned. In her first ever criminal case, Halligan swiftly moved to indict former FBI Director James B. Comey. The prosecution was later thrown out and Halligan\u2019s appointment deemed illegal.<\/p>\n<p>In New York\u2019s Northern District, when judges moved to oust the president\u2019s former campaign attorney \u2014 who received the same \u201cfirst assistant\u201d designation as Essayli \u2014 Justice Department officials promptly fired his replacement.<\/p>\n<p>Erwin Chemerinsky, dean of the UC Berkeley School of Law, said Trump\u2019s attempts to bypass the normal confirmation processes are unconstitutional. <\/p>\n<p>\u201cThis is very troubling because it circumvents the constitutional procedure of having the president nominate and the Senate confirm. That\u2019s crucial to checks and balances,\u201d he said. \u201cThis allows the president to appoint whoever he wants.\u201d<\/p>\n<p>Though Essayli has more law enforcement experience than many of Trump\u2019s chosen prosecutors, he\u2019s still struggled to achieve courtroom victories. His prosecutors have lost nearly all the cases they\u2019ve brought to trial against anti-Trump protesters and abandoned others after <a class=\"link\" href=\"https:\/\/www.latimes.com\/california\/story\/2025-07-23\/protester-charges-essayli\" rel=\"nofollow noopener\" target=\"_blank\">grand juries refused to return indictments.<\/a> <\/p>\n<p>Meghan Blanco, a former federal prosecutor and veteran defense attorney, suggested Gee\u2019s inaction with Essayli might be a clever act of resistance. Rather than picking a fight with the White House, Blanco said, the judges are letting the top prosecutor fall on his face. <\/p>\n<p>\u201cIf you\u2019re a judge and displeased with what DOJ is doing and the shenanigans they\u2019re pulling \u2026 you let the Essayli appointment play out,\u201d Blanco said. \u201cNo one has seen a U.S. attorney\u2019s office lose the way this office is losing now.\u201d<\/p>\n<p>Sen. Adam Schiff (D-Calif.) told The Times this week that he is working with Sen. Cory Booker (D-N.J.) to craft legislation to clarify the procedures required to appoint U.S. attorneys and prevent Trump and future presidents from circumventing the Senate. <\/p>\n<p>The legislation, which Schiff did not describe in detail, faces an uphill battle even if Democrats retake the Senate in the upcoming midterms. But the California senator said he is committed to challenging Trump\u2019s maneuvering. <\/p>\n<p>Schiff said Essayli \u201ccould not be confirmed and for a reason: He lacks the judgment, temperament and integrity required of a U.S. attorney.\u201d <\/p>\n<p>Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said local federal judges may believe it would be \u201cmore disruptive to try and put somebody in when the administration will just fire them.\u201d<\/p>\n<p>But their inaction, she said, has effectively confirmed Essayli as U.S. attorney \u2014 and highlights \u201ca real weakness in the system\u201d that demands a legislative fix.<\/p>\n<p>\u201cThe bottom line is you have an administration that just doesn\u2019t want to follow the rules,\u201d she said. \u201cThere has to be some political will to have Congress do its duty.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Across the country, President Trump has installed handpicked loyalists as top federal prosecutors. Several have been pushed out&hellip;\n","protected":false},"author":2,"featured_media":251471,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[6650,5781,7,1436,54060,111769,111768,16047,4515,48,52,51,47,50,49,346,3020,111770,5786,5783,2805],"class_list":{"0":"post-251470","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-los-angeles","8":"tag-action","9":"tag-bill-essayli","10":"tag-california","11":"tag-case","12":"tag-central-district","13":"tag-first-assistant","14":"tag-gee","15":"tag-judge","16":"tag-justice-department","17":"tag-la","18":"tag-la-headlines","19":"tag-la-news","20":"tag-los-angeles","21":"tag-los-angeles-headlines","22":"tag-los-angeles-news","23":"tag-office","24":"tag-president-trump","25":"tag-senate-consideration","26":"tag-top-federal-prosecutor","27":"tag-u-s-attorney","28":"tag-white-house"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/251470","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=251470"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/251470\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/251471"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=251470"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=251470"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=251470"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}