Removal of the acting U.S. attorney in L.A. is demanded

The federal public defender's office says Bill Essayli is illegally occupying the post.

- BY BRITTNY MEJIA AND JAMES QUEALLY

ACTING U.S. Atty. Bill Essayli has pursued President Trump's agenda since his appointment in Los Angeles.

The federal public defender's office in Los Angeles filed a motion Friday to disqualify acting U.S. Atty. Bill Essayli, arguing that the Trump administration's pick to serve as the top federal prosecutor in Southern California is unlawfully occupying his post.

Essayli, a former Riverside County assemblyman, was appointed by U.S. Atty. Gen. Pam Bondi in April, and his term was set to expire in late July unless he was confirmed by the U.S. Senate or a panel of federal judges.

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 another nine months without any confirmation process.

The federal public defender's office filed a motion seeking to dismiss an indictment against their client and to disqualify Essayli and attorneys working under him “from participating in criminal prosecutions in this district.”

The defendant, Jaime Ramirez, was indicted on a charge of being a felon in possession of a firearm.

In a 63-page motion filed in Ramirez's case, James Anglin Flynn and Ayah A. Sarsour, deputy federal public defenders, argued that the Trump administration circumvented limitations that Congress has imposed on temporary service in key offices, including U.S. attorneys.

Essayli’s term was supposed to expire on July 29. At that point the White House had not formally nominated him before the U.S. Senate, and local federal judges had taken no action to confirm Essayli, or anyone else, to the position. At the eleventh hour, the White House named Essayli as acting U.S. attorney, allowing him to hold the post for 210 more days without confirmation hearings.