Deadline: Legal Blog
The ruling does not immediately take effect. The Supreme Court could have the last word on the nationwide issue.
A federal judge ruled Tuesday that a Donald Trump-backed lawyer has been “unlawfully serving” as the top federal prosecutor in Los Angeles. The decision regarding Bill Essayli’s service does not immediately take effect, and Essayli said the Supreme Court “will ultimately decide” the legality of his tenure.
The justices may have the last word not only on Essayli but also on a host of lawyers who have purported to lead districts around the country without being confirmed by the Senate. U.S. District Judge J. Michael Seabright noted in his ruling that the federal government has asked the Supreme Court to consider the issue in disputes over Trump’s chosen lawyers in Nevada (Sigal Chattah) and northern New York (John Sarcone).
In an order accompanying his ruling, Seabright, a George W. Bush appointee, gave the government a chance to try to halt his ruling pending appeal as the administration presses the appointment issue to the justices.
Urging the high court to use the Nevada case to resolve the nationwide issue, the Justice Department argued that lower court rulings against the administration “misconstrue” the law that deals with federal vacancies, “upend a quarter-century of practice,” “threaten chaos for the next presidential transition” and “cast a pall over prosecutions in 14 judicial districts nationwide.”
We could learn later this year whether and when the justices will take up the matter. They could grant review to decide it this term after holding a hearing and issuing a ruling that would be expected by July.
Meanwhile, given Seabright’s pause on his decision taking immediate effect, Essayli said he will “continue running the office.” The New York Times included Essayli on its list of prosecutors who are “carrying out Trump’s grievance agenda,” writing that he “has pushed to charge cases against anti-Trump protesters, many of which fell apart in court” and “carried out a direct order from Mr. Trump to open an investigation of voting in the state.”
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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.