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Why it matters: Lawyers for defendants in three criminal cases that Essayli's office is prosecuting filed motions to have their indictments dismissed because they argue Essayli was not lawfully serving as U.S. attorney when they were indicted and, therefore, would now be unlawfully overseeing their prosecution. Judge Seabright ruled that Essayli could not continue to supervise their prosecution in the role of acting U.S. attorney but that he could continue to do so as the first assistant U.S. attorney.

The backstory: Essayli, a former Republican California assemblymember, was appointed as the interim U.S. Attorney for California's Central District in March. Federal law requires the Senate to confirm a president's U.S. attorney appointees within 120 days of a president nominati

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