OC Businessman Seeks Indictment Tossed Based On Essayli's Temporary Status

SANTA ANA, CA — An Orange County businessman Friday filed a legal challenge to his indictment on charges of possession of stolen property because the head of the local federal prosecutor's office has not received congressional approval.

Tu Anh Tran, 49, was indicted in December on possession of property stolen from interstate or foreign shipment. The indictment alleges Tran and co-defendant Truc Doan possessed about 1,100 cartons of Skechers goods valued at $400,000, Harbor Freight brand merchandise worth about $98,000, Milwaukee Tools worth about $93,000, and Mercedes Benz parts worth about $1.4 million.

A U.S. Attorney's Office spokesman said prosecutors declined to comment for now.

Tran's attorney, Dean Steward, filed a motion Friday arguing that Bill Essayli, whose title is First Assistant U.S. Attorney for the Central District of California, has not been confirmed by the U.S. Senate as required to remain in office beyond a temporary appointment.

"Mr. Essayli was appointed as interim U.S. Attorney on April 2, 2025," Steward wrote in the motion. "The term of that temporary appointment expired on July 31, 2025. Two days before the expiration of that appointment, Mr. Essayli resigned as interim U.S. Attorney and was appointed Acting U.S. Attorney by the Department of Justice in Washington, D.C."

Steward added that U.S. District Judge Michael Seabright on Oct, 28, 2025, ruled that Essayli was "not lawfully serving as acting U.S. Attorney in connection with the prosecutions of defendants Jamie Ramirez, Ismael Garcia and Ronny Rojas."

When Tran was indicted Essayli "was First Assistant U.S. Attorney but was running the office as the U.S. Attorney," Steward argued.

Steward said Seabright "did not go far enough in the remedy" and "acknowledged as much in his Oct. 28 ruling."

Steward said the "Trump administration has concocted various schemes to avoid Senate scrutiny of their appointees."

Steward further argued that the goal "is to put in place individuals as heads of U.S. Attorney's Offices nationally who are in full lock step with President Trump."

Steward acknowledges that Senate confirmation can be a lengthy process, which is why some offices can be filled on an acting or interim basis, he wrote.

"No such special or temporary circumstances exist for Mr. Essayli's appointment," Steward argued.

"The process of appointing someone to fill the gap between nomination and confirmation was never intended to be used to fill these positions with administration sycophants," Steward said.

Senate confirmation is necessary for "the prevention of abuse of power by the executive branch," Steward said. "The process is to weed out unqualified lackeys nominated by the president. This is part of the checks and balances of our governmental system."

Senate confirmation also checks for qualifications and conflicts of interest, Steward said.

Steward pointed to the dismissal of federal indictments against former FBI Director James Comey and New York Attorney General Letitia James on the same argument. Those rulings are under appeal.

Steward also referred to similar rulings in New Jersey and Nevada.

Steward is seeking to have the indictment against his client tossed while also requesting Essayli be removed from office.

City News Service