Public defenders move to block unconfirmed U.S. attorney from overseeing case

The Los Angeles federal public defender’s office filed a fresh motion seeking to remove Bill Essayli from any involvement in the prosecution of client Jaime Ramirez, arguing that the Justice Department’s use of the “first assistant” title circumvents Senate confirmation requirements. Deputy public defenders James Anglin Flynn and Ayah A. Sarsour contend that the government is asking the court to accept a theory the 9th Circuit rejected in United States v. Jackson, which held that an unconfirmed official cannot exercise the full functions of a U.S. attorney.

Essayli, appointed by the Trump administration and later designated a “special attorney,” has continued to lead the Central District of California’s U.S. attorney’s office despite a prior October ruling that he was unlawfully serving as acting U.S. attorney. Senior Judge J. Michael Seabright, who made the earlier determination, set a hearing for October 13 and indicated he needs more briefing on the government’s position.

The Justice Department has expressed disagreement with the appellate decision and plans to seek review by the Supreme Court. The dispute mirrors a similar challenge in Nevada involving Sigal Chattah, highlighting a broader controversy over the DOJ’s practice of assigning de facto authority to unconfirmed prosecutors.