The federal public defender’s office in Los Angeles filed a motion Friday to disqualify acting U.S. Atty. Bill Essayli, arguing that President Trump’s pick to serve as the top federal prosecutor in Southern California is unlawfully occupying his post.

Essayli, a former Riverside County assemblyman, was appointed by U.S. Atty. Gen. Pam Bondi in April, and his term was set to expire in late July unless he was confirmed by the U.S. Senate or a panel of federal judges. But the White House never moved to nominate him to a permanent role, instead opting to use an unprecedented legal maneuver to shift his title to “acting,” extending his term another nine months without any confirmation process.

The federal public defender’s office filed a motion seeking to dismiss an indictment against their

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