White House deputy chief of staff for policy and U.S. homeland security advisor Stephen Miller, House Majority Leader Steve Scalise and former Communications Director for the Vice President Katie Miller chat at the end of a Medal of Freedom Ceremony for late conservative activist Charlie Kirk in the Rose Garden of the White House, Tuesday, Oct. 14, 2025.

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A federal judge heard arguments Tuesday to decide whether maneuvers used by the Trump administration to install Bill Essayli as acting United States attorney in Los Angeles are improper — and, if so, what should be done about it.

During a Tuesday hearing in downtown L.A., Senior Judge J. Michael Seabright — who flew in from Hawaii for the proceeding — wondered how to proceed after defense attorneys sought to dismiss indictments against three clients and to disqualify Essayli “from participating in criminal prosecutions in this district.”

Essayli, a former Riverside County assemblyman, was appointed as the region’s interim top federal prosecutor by U.S. Atty. Gen. Pam Bondi in April.

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 for an additional nine months without any confirmation process.

Seabright was selected from the District of Hawaii after L.A.’s federal judges recused themselves from the proceedings. He questioned the consequences of dismissing any charges over Essayli’s title.

“If I did this for your client, I’ll have to do it for every single defendant who was indicted when Mr. Essayli was acting under the rubric of acting U.S. attorney, correct?” Seabright said to a deputy federal public defender.

“I don’t think you will,” replied James A. Flynn. “This is a time-specific, case-specific analysis and the court doesn’t need to go so far as to decide that a dismissal would be appropriate in all cases.”

“Why not? You’re asking for a really draconian remedy here,” Seabright said, before questioning how many indictments had been made since Essayli was designated acting U.S. attorney at the end of July.

“203, your honor,” Assistant U.S. Atty. Alexander P. Robbins responded.

In a court filing ahead of the hearing Tuesday, lawyers bringing the challenge against Essayli called the government’s defense of his status a handbook for circumventing the protections that the Constitution and Congress built against the limitless, unaccountable handpicking of temporary officials.”

During the nearly two-hour hearing, Flynn cited similar legal challenges that have played out elsewhere. A federal judge ruled in August that Alina Habba has been illegally occupying the U.S. attorney post in New Jersey, although that order was put on hold pending appeal. Last month, a federal judge disqualified Nevada’s top federal prosecutor, Sigal Chattah, from several cases, concluding she “is not validly serving as acting U.S. attorney.”

The judges who ruled on the Nevada and New Jersey cases did not dismiss the charges against defendants, instead ordering that those cases not be supervised by Habba or Chattah.

Flynn argued that the remedies in other states “have not been effective to deter the conduct.”

“This court has the benefit of additional weeks and has seen the government’s response to that determination that their appointments were illegal and I submit the government hasn’t gotten the message,” Flynn said.

Flynn said another option could be a dismissal without prejudice, which means the government could bring the case against their clients again. He called it a “weaker medicine” than dismissal with prejudice, “but would be a stronger one than offered in New Jersey and Nevada.”

The hearing grew testy at times, with Seabright demanding that Assistant U.S. Atty. Robbins tell him when Essayli’s term will end. Robbins told the judge the government believes it will end on Feb. 24 and that afterward the role of acting U.S. attorney will remain vacant.

Robbins noted that Essayli has also been designated as first assistant U.S. attorney, essentially allowing him to remain in charge of the office if he loses the “acting” title.

Bondi in July also appointed him as a “special attorney.” Robbins told the judge that “there’s no developed challenge to Mr. Essayli’s appointment as a special attorney or his designation as a first assistant.”

“The defense challenge here, the stated interest that they have, is Bill Essayli cannot be acting,” Robbins said. “But they don’t have a compelling or strong response to Bill Essayli is legitimately in the office and he can be the first assistant … he can supervise other people in the office.”

Seabright asked both sides to brief him by Thursday on “whatever hats you believe [Essayli’s] wearing now” and “whether I were to say he wasn’t legitimately made acting U.S. attorney … what hats does he continue to wear.”

“If I understand the government’s proposed remedy correctly … it would essentially be no remedy at all, because they would be re-creating Mr. Essayli as the acting United States attorney, he’d just be wearing a first assistant hat,” Flynn said.

A spokesperson for the U.S. attorney’s office in L.A. did not immediately respond to a request for comment.

When asked by a Times reporter last month about the motion to disqualify him, Essayli said “the president won the election.”

“The American people provided him a mandate to run the executive branch, including the U.S. attorney’s office and I look forward to serving at the pleasure of the president,” he said during a news conference.

Since taking office, Essayli has doggedly pursued Trump’s agenda, championing hard-line immigration enforcement in Southern California, often using the president’s language verbatim at news conferences. His tenure has sparked discord in the office, with dozens of prosecutors quitting.

As Californians start voting on Democrats’ effort to boost their ranks in Congress, former President Obama warned that democracy is in peril as he urged voters to support Proposition 50 in a television ad that started airing Tuesday.

“California, the whole nation is counting on you,” Obama says in the 30-second ad, which the main pro-Proposition 50 campaign began broadcasting Tuesday across the state. The spot is part of a multimillion-dollar ad buy promoting the congressional redistricting ballot measure through the Nov. 4 election.

Proposition 50 was spearheaded by Gov. Gavin Newsom and other California Democratic leaders this summer after President Trump urged GOP-led states, notably Texas, to redraw their congressional districts to boost the number of Republicans elected to the House in next year’s midterm election, in an effort to continue enacting his agenda during his final years in office.

“Republicans want to steal enough seats in Congress to rig the next election and wield unchecked power for two more years,” Obama says in the ad, which includes footage of ICE raids. “With Prop. 50, you can stop Republicans in their tracks. Prop. 50 puts our elections back on a level playing field, preserves independent redistricting over the long term, and lets the people decide. Return your ballot today.”

Congressional districts were long drawn in smoke-filled chambers by partisans focused on protecting their parties’ power and incumbents. But good-government groups and elected officials, notably former Gov. Arnold Schwarzenegger, have fought to take the drawing of congressional boundaries out of the hands of politicians to end gerrymandering and create more competitive districts.

Obama, long a supporter of ending gerrymandering, had already endorsed the ballot measure.

In California, these districts have been drawn by an independent commission created by voters in 2010, which is why state Democrats have to go to the ballot box to seek a mid-decade partisan redistricting that could improve their party’s chances in five of the state’s 52 congressional districts.

The ad featuring Obama, who spoke Monday on comedian Marc Maron’s final podcast about Trump’s policies testing the nation’s values, appears on Californians’ televisions after mail ballots were sent to the state’s 23 million registered voters last week.

The proposition’s prospects are uncertain — it’s about an obscure topic that few Californians know about, and off-year elections traditionally have low voter turnout. Still, more than $150 million has been contributed to the three main committees supporting and opposing the proposition, in addition to millions more funding other efforts.

Obama is not the only famous person to appear in ads about Proposition 50.

In September, Schwarzenegger, who championed the creation of the independent redistricting commission while in office and has campaigned for similar reforms across the nation since then, was featured in ads opposing the November ballot measure.

He described Proposition 50 as favoring entrenched politicians instead of voters.

“That’s what they want to do, is take us backwards. This is why it is important for you to vote no on Proposition 50,” the Hollywood celebrity and former governor says in the ad, which was filmed last month when he spoke to USC students. “The Constitution does not start with ‘We, the politicians.’ It starts with ‘We, the people.’ … Democracy — we’ve got to protect it, and we’ve got to go and fight for it.”