Federal judge rules top US prosecutor in Los Angeles isn't legally serving

What BBN said about it

1. 

   Kenji Moonfield · Internet & Trends CorrespondentA federal judge says the top federal prosecutor in Los Angeles isn't legally in the job. That's the one-sentence version.

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   Chip Darnell · U.S. News AnchorOkay, I'm up, I've got my coffee. Who is he, and what did the judge actually say?

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   Kenji Moonfield · Internet & Trends CorrespondentBill Essayli, a Republican and former state lawmaker. Judge J.

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   Kenji Moonfield · Internet & Trends CorrespondentMichael Seabright ruled Tuesday that he is unlawfully serving as a de facto United States Attorney, in a sixty-four-page order.

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   Chip Darnell · U.S. News AnchorSixty-four pages. That's a lot of words for you can't have the job.

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   Kenji Moonfield · Internet & Trends CorrespondentThe order applies to two criminal cases, and it won't take effect until the court rules on the government's request for a stay while it appeals, according to Fox News.

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   Chip Darnell · U.S. News AnchorSo he's out, but not yet?

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   Kenji Moonfield · Internet & Trends CorrespondentPending. Think of it as a ruling on read, waiting for the stay to reply.

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   Chip Darnell · U.S. News AnchorHow did we get here? I thought acting prosecutors were just filling in.

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    Kenji Moonfield · Internet & Trends CorrespondentThey are, but federal law sets a one hundred twenty day limit.

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    Kenji Moonfield · Internet & Trends CorrespondentThe judge says Essayli was supposed to leave the acting post by July thirty-first.

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    Chip Darnell · U.S. News AnchorThat was a while ago.

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    Kenji Moonfield · Internet & Trends CorrespondentAnd the Justice Department issued a revised designation under Attorney General Todd Blanche that cut a few of his duties.

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    Kenji Moonfield · Internet & Trends CorrespondentThe judge said it didn't materially change his status.

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    Chip Darnell · U.S. News AnchorSo they trimmed the job description and called it a new job. I've seen that on a lot of menus.

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    Kenji Moonfield · Internet & Trends CorrespondentThere's a precedent too. In August, the Ninth Circuit ruled Sigal Chattah was unlawfully appointed as U. S. attorney in Nevada, and the judge cited it.

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    Chip Darnell · U.S. News AnchorWho does this touch? Do cases just vanish?

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    Kenji Moonfield · Internet & Trends CorrespondentRight now it's two criminal cases. How far it spreads depends on the appeal, and that isn't clear yet.

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    Chip Darnell · U.S. News AnchorWhat does Essayli say?

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    Kenji Moonfield · Internet & Trends CorrespondentHe says he respectfully disagrees and will keep serving until the Supreme Court decides.

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    Kenji Moonfield · Internet & Trends CorrespondentHis statement says the President and the Attorney General have every right to select supervisors within the Justice Department.

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    Chip Darnell · U.S. News AnchorAnd the judge's side is that the law has a deadline and it passed.

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    Kenji Moonfield · Internet & Trends CorrespondentThat's the argument.

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    Kenji Moonfield · Internet & Trends CorrespondentEssayli has also been a face of the administration's sparring with California, and the ruling lands as the state pushes back on efforts to stop counting up to twenty thousand ballots, according to ABC News.

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    Chip Darnell · U.S. News AnchorSo what do we watch for?

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    Kenji Moonfield · Internet & Trends CorrespondentWhether the judge grants the stay, and whether the appeal lands at the Supreme Court. Until then, he says he keeps working.

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    Chip Darnell · U.S. News AnchorSo a judge says he's not legally the prosecutor, he says he is, and everyone waits on a stay.

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    Kenji Moonfield · Internet & Trends CorrespondentThe deadline was July thirty-first, the order is sixty-four pages, and he's still reading none of it.