A federal judge rules that the U.S. attorney in California was “serving unlawfully” in office
A federal judge ruled Tuesday that the acting U.S. Attorney for the Central District of California — the nation’s largest federal judicial district — is “irrationally serving” in the position, in part because the Senate has not confirmed his appointment.
In a 64-page order, U.S. District Judge J. Michael Seabright found that Bilal Al-Asili illegally took office after he resigned in July as interim U.S. attorney for the district, which serves seven California counties, including Los Angeles, Orange, Riverside and San Bernardino.
“Al-Asili may not perform the duties and duties of the United States Attorney in his capacity as Acting United States Attorney. He is not qualified to serve in that role,” Seabright wrote.
Seabright refused to drop the cases that Al-Asili was involved in prosecuting. “They were lawfully signed by other lawyers for the government and no due process violations or other irregularities have emerged” in the prosecutions for the illegal service Al-Asili provided, he wrote.
Al-Asili may hold the title of “Senior Assistant United States Attorney” for the Central District of California, Seabright wrote, adding that the attorney has the authority to perform the functions and duties of that office. Seabright also did not dismiss the indictments against defendants prosecuted by Al-Asili because other prosecutors from his office were listed as signatories in those filings.
On Tuesday evening, Al-Asili confirmed on social media that the ruling will not affect anything.
“For those who haven’t read the entire thing, nothing has changed. I will continue to serve as the top federal prosecutor in the Central District of California.” Written on X. He added: “It is an honor and privilege to serve President Trump and Attorney General Bondy, and I look forward to advancing their agenda for the American people.”
The White House did not immediately respond to a request for comment Tuesday night.
The ruling is another setback for the Trump administration as it tries to bypass the 120-day rule on temporary appointments and avoid potentially unsuccessful or embarrassing hearings and votes in the Senate.
Last month, a federal judge found that the acting US Attorney in Nevada, Sigal Chatah, was not legally appointed. The judge agreed to temporarily suspend the ruling while the Justice Department seeks to appeal the ruling.
In August, a judge ruled that then-acting US Attorney in New Jersey Alina Haba, a former Trump lawyer, was acting illegally. The Court of Appeal heard an appeal against this ruling last week.
Next month, the judge is scheduled to hear arguments challenging the appointment of Lindsey Halligan as US Attorney for the Eastern District of Virginia. Halligan is the only signatory to the recent indictments against New York Attorney General Letitia James and former FBI Director James Comey.
Both Comey and James, frequent Trump critics, have pleaded not guilty and described the cases as political revenge.