Overview
- Bill Essayli’s interim 120-day term expired July 30 and he immediately assumed an acting U.S. Attorney role in Los Angeles for up to 210 more days without Senate confirmation
- Within hours of his extension, Essayli’s office filed motions to dismiss indictments against ex-Fatburger CEO Andrew Wiederhorn and convicted deputy Trevor Kirk
- Alina Habba remains acting U.S. Attorney in New Jersey after AG Pam Bondi ousted her panel-approved successor and DOJ defended Habba’s authority in a court brief
- Federal judges in New Jersey have paused criminal hearings and transferred at least one case to Pennsylvania as they weigh challenges to Habba’s appointment
- Legal experts and DOJ officials warn these tactics exploit the Federal Vacancies Reform Act and judicial nondecisions to sidestep Senate advice-and-consent and heighten separation-of-powers tensions