A Federal judge on Tuesday will consider whether Bill Essayli is lawfully acting as the U.S. Attorney for Southern California, following a challenge filed by the Federal Public Defender's Office in 3 pending criminal cases.

Essayli, a former state assemblyman who characterizes his current position as 'acting' U.S. Attorney, was formerly the interim U.S. Attorney appointed by Attorney General Pam Bondi.

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In a disqualification motion filed in August deputy federal public defenders argued that Essayli has improperly overstayed his interim appointment, and has used extralegal reasoning to remain in charge - despite laws intended to limit the use of temporary appointments for positions that require Senate approval.

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