A Judge Says He's Serving Unlawfully. His Response: 'I Look Forward to Serving'

Some people get told they're not allowed to have a job and take it personally. Bill Essayli took it as a scheduling note. On Tuesday, Senior U.S. District Judge J. Michael Seabright ruled Essayli is "unlawfully serving as a 'de facto' United States Attorney" in Los Angeles and barred him from two cases. Essayli told the Los Angeles Times the case "will be decided by the Supreme Court" and added, "I look forward to serving in my current role until then."

Here's the trick the judge didn't buy. Essayli's interim term hit its 120-day limit last year. He resigned, got appointed a "special attorney," and was named "first assistant." Same office, new title. After the 9th Circuit said you can't do that in Nevada, the Justice Department rewrote his delegation to withhold three powers. The judge's response: "Withholding the three specific statutory powers mentioned in the revised designation order in reality withholds nothing." That's a judge rolling his eyes in writing.

My take: the Senate confirmation requirement is not a suggestion, and "call it something else" is not a legal theory. Meanwhile there's still no nominee for the job, the judge noted. If the administration wants Essayli, it can nominate him.

What we still don't know: whether a stay is granted, and how many other prosecutions in the district get challenged next.