Federal Judge Disqualifies Bill Essayli, Essayli Responds ‘Nothing is Changing’

A federal judge ruled Tuesday that Bill Essayli, appointed by President Donald Trump as acting U.S. Attorney for the Central District of California, violated the Federal Vacancies Reform Act’s 120-day limit, disqualifying him from the role since late July.

The decision, prompted by challenges from indicted defendants, marks the third such ruling against the Trump administration’s temporary U.S. Attorney appointments. However, the decision concludes that Essayli will remain as First Assistant U.S. Attorney to oversee operations.

For those who didn’t read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California. It ‘s an honor and privilege to serve President Trump and Attorney General Bondi, and I look forward to advancing their agenda… pic.twitter.com/0T7AILbLi1

— Acting U.S. Attorney Bill Essayli (@USAttyEssayli) October 29, 2025

Senator Adam Schiff (D-CA) chimed in on the ruling and was met with an immediate response and challenge from Essayli:

I do the American People’s bidding at the direction of their duly elected President. That’s how our Constitution works. Try reading and abiding by it sometime. https://t.co/F0XyuJG6gT

— Acting U.S. Attorney Bill Essayli (@USAttyEssayli) October 29, 2025

At the center of this national lawfare against President Trump’s appointments of U.S. Attorneys is a 1917 unconstitutional, unwritten Senate “Blue Slip” practice where the home-state senators must sign and return a blue-colored form to signal their approval or disapproval of a federal judicial nominee. If a senator does not return the slip or returns it with a negative response, the Senate Judiciary Committee chairman will likely not move forward with the nomination.

According to a recent report (see below) from the Congressional Research Service (CRS):

Since the use of blue slips is not codified or included in the committee’s rules, the chairman of the committee has thediscretion to determine the extent to which a home state Senator’s negative or withheld blue slip stops a President’s judicial nomination from receiving consideration by the committee and, consequently, whether it reaches the Senate floor.

The policy adopted in 2017 by Senator Chuck Grassley has remained in effect to the present, under the chairmanships of Senator Lindsey Graham (2019-2021), Senator Dick Durbin (2021-2025), and again under Senator Grassley’s current chairmanship (2025-present). The blue slip policy for district court nominees was not changed in 2017 and has not, as of this writing, been changed from the past practice of requiring district court nominees to have the support of their home state Senators. The blue slip process is not codified in the Judiciary Committee’s rules, and is instead a policy set by the chairman of the committee.

Senator Chuck Grassley (R-IA) and the blue slip is now in President Trump’s crosshairs, with the President recently referring to the Senate tradition as “stupid and outdated.”

President Trump added that Democrats on the Senate Judiciary Committee have convinced Chair Grassley to honor the blue slip rule. “These GREAT people’s careers have been badly hurt by the Radical Left Democrats, using an old and ridiculous custom strictly to their advantage,” Trump said. “What a shame!”

Grassley responded on X:

A U.S. Atty/district judge nominee without a blue slip does not hv the votes to get confirmed on the Senate floor & they don’t hv the votes to get out of cmte

As chairman I set Pres Trump noms up for SUCCESS NOT FAILURE

— Chuck Grassley (@ChuckGrassley) August 25, 2025

In July, President Trump was forced to withdraw the nomination of Alina Habba to be U.S. Attorney for New Jersey after New Jersey’s Democratic senators Andy Kim and Cory Booker opposed it. In August, a federal judge ruled against the administration, finding that Habba was unlawfully serving as the state’s top federal prosecutor. The U.S. Department of Justice (DOJ is currently arguing for her appointment in federal appeals court. The DOJ is also appealing a federal judge’s ruling last month against Sigal Chattah, Acting U.S. Attorney for the state of Nevada.