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yesterday

Trump Sidesteps Senate to Keep Bill Essayli as L.A. Acting U.S. Attorney

A judicial panel’s failure to name a successor automatically triggered his acting appointment under federal law.

FILE: Lake Elsinore Mayor Natasha Johnson speaks during a press conference in Lake Elsinore on Tuesday, Feb. 7, 2023.
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FILE: Republican Assemblymembers Tom Lackey, of Palmdale, left, and Bill Essayli, of Riverside, huddle at the Capitol in Sacramento, Calif., July 10, 2023. 
FILE: California Assemblymember Corey Jackson along with fellow lawmakers honor women in California during Women’s History Month on Monday, March 20, 2023, in Sacramento, Calif.

Overview

  • On July 29, Essayli’s 120-day interim term expired without a presidential nomination and a local federal judicial panel declined to propose a successor, activating a provision that keeps him in office for up to 210 days without Senate approval.
  • The administration is relying on the Vacancies Reform Act and 28 U.S.C. §546 to convert interim prosecutors into acting U.S. Attorneys, mirroring identical tactics used in New Jersey, New York, Nevada and Washington, D.C.
  • Several veteran prosecutors resigned after Essayli offered a no-jail plea deal to convicted L.A. County sheriff’s deputy Trevor Kirk, raising questions about his prosecutorial judgment.
  • Of nearly 40 protest-related cases pursued under Essayli, only seven secured grand jury indictments, prompting allegations that he pressured teams to bring weak cases contrary to Justice Department guidelines.
  • California Senators Alex Padilla and Adam Schiff have vowed to block any formal nomination, setting up a partisan showdown once the acting period approaches its 210-day limit.