Trump prosecutor leading California voting lawsuit disqualified from post, but order stayed

The federal prosecutor leading the Trump administration’s effort to force California to block people on a list of alleged noncitizens from voting was disqualified from his post by a judge Tuesday. 

The order disqualifying First Assistant U.S. Attorney Bill Essayli will not take immediate effect, and Essayli said he would continue running the U.S. Attorney’s office covering Los Angeles.

It came hours after Essayli finished arguing before a federal judge, on behalf of the U.S Department of Justice (DOJ), that California must be required to segregate the ballots of voters on a list of around 20,000 names that the administration claims are likely noncitizens.

U.S. District Judge Matthew Seabright found that Essayli is “unlawfully serving as a ‘de facto’ United States Attorney” and disqualified him from overseeing two criminal prosecutions. 

It isn’t clear how the order, should it go into effect, would affect Essayli’s role in the California voting lawsuit.

Essayli, a former GOP state lawmaker and ally of President Donald Trump, was nominated to be U.S. Attorney for the Central District of California, which includes Los Angeles, but never received Senate confirmation. In April 2025, he was named interim U.S. Attorney. When that appointment ended by law in July, he was kept on as “first assistant” and continued to run the office. 

In August, the 9th Circuit Court of Appeals ruled that Sigal Chattah, who also has not received Senate confirmation, could not continue effectively running Nevada’s U.S. Attorney’s office while serving as first assistant. Seabright cited that ruling in disqualifying Essayli.

Alina Habba in New Jersey and John Sarcone in upstate New York also have been found by judges to have been unlawfully leading U.S.Attorney offices without Senate confirmation.

The Trump administration asked the Supreme Court to reinstate Sarcone, arguing lower courts erred in finding his appointment unlawful and disqualifying him. A ruling in that case would likely affect Essayli’s and Chattah’s disqualifications.

Seabright stayed his motion to allow for the government to appeal. 

“Just so there’s no confusion, today’s order is stayed and has no immediate effect,” Essayli posted on social media. “I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.”

Essayli has been an important public face of DOJ’s California lawsuit, frequently posting on social media in support of the department’s claims, which have been described as extremely flimsy by numerous legal scholars.

This story has been updated with additional information.