A US judge ruled on Tuesday that Bill Essayli, the top federal prosecutor in southern California, was “unlawfully serving” as the head of the US attorney’s office and was disqualified from overseeing two criminal prosecutions.

The order, however, will not immediately go into effect, and the Department of Justice has said it intends to appeal.

The ruling was part of a long-running legal battle challenging the Trump administration’s maneuvers to keep Essayli in office despite not being confirmed by the US Senate. Essayli, a former Republican state lawmaker and ally of Donald Trump, became an interim US attorney in April 2025, but he was not formally nominated by the president, which allowed him to lead the office without going through the standard confirmation process.