The Los Angeles federal public defender’s office has renewed its challenge to the authority of Bill Essayli, the top federal prosecutor in Southern California. On Friday, the office filed a motion seeking to disqualify Essayli from participating in or supervising the prosecution of their client Jaime Ramirez. The move follows a recent decision by the 9th Circuit Court of Appeals, which ruled that the Department of Justice cannot maintain an unconfirmed official in charge of a U.S. attorney’s office by assigning a different title while allowing that person to exercise full authority.

Deputy federal public defenders James Anglin Flynn and Ayah A. Sarsour argued in their filing that the government has offered no clear limitations on Essayli’s authority, describing the situation as the government “playing shadow games” with significant prosecutorial powers. They urged the court to halt Essayli’s involvement immediately.

This latest motion builds on a series of legal challenges initiated by defense attorney H. Dean Steward, who last week asked Senior U.S. District Judge J. Michael Seabright to reconsider his earlier decision regarding Essayli’s role. In October, Seabright ruled that Essayli was “not lawfully serving” as acting U.S. attorney, disqualifying him from that title. However, the judge allowed Essayli to continue performing the duties of first assistant U.S. attorney, leaving open the possibility for him to remain effectively in charge.

Seabright, who was appointed by former President George W. Bush, scheduled a hearing on the current motion for October 13. During a Zoom hearing on August 28, the judge appeared to indicate a possible inclination regarding the dispute, though no formal ruling has been issued.

The controversy stems from the Department of Justice’s efforts to keep Essayli in a leadership position without Senate confirmation, relying on administrative maneuvers that have been questioned legally. The 9th Circuit’s ruling in United States vs. Jackson underscored the constitutional requirement that U.S. attorneys must be confirmed by the Senate unless they serve in an acting capacity under clearly defined terms, a condition that has not been met in Essayli’s case.

The U.S. attorney’s office in Los Angeles has not yet responded to requests for comment on the renewed challenge. Meanwhile, the unfolding legal proceedings will address whether Essayli can continue supervising prosecutions in Southern California or must step aside pending formal Senate approval.