Federal judges decline to extend appointment for interim US attorney in Milwaukee

Federal judges in Milwaukee have declined to extend interim U.S. Attorney Brad Schimel’s appointment beyond his current term, which expires on March 17. The announcement came Tuesday as Schimel’s 120-day interim appointment nears its conclusion.

Schimel, a Republican, was appointed in November by Attorney General Pam Bondi to lead the Eastern District of Wisconsin, which covers the eastern third of the state. Under federal law, the district’s judges have the authority to extend an interim U.S. attorney’s appointment until a permanent replacement is confirmed, but they have chosen not to exercise this option.

In a statement posted on the Eastern District’s website, the judges emphasized that their decision should not be interpreted as criticism of Schimel’s performance. “In doing so, the Court intends no criticism or commentary on the performance or qualifications of the Interim United States Attorney or any of the attorneys in the United States Attorney’s Office,” the statement read. “To the credit of that office, from the Court’s perspective, it has continued to represent the citizens of this district well.”

When contacted by The Associated Press, Schimel declined to comment on the judges’ decision.

The move comes amid political tensions surrounding Schimel’s role. Earlier this month, U.S. Senator Tammy Baldwin, a Democrat, publicly opposed extending Schimel’s tenure, characterizing him as a partisan figure. Baldwin emphasized the importance of appointing someone “who will uphold the rule of law rather than pledge loyalty to the President.”

Schimel’s political background includes serving as Waukesha County district attorney before his election as Wisconsin attorney general in 2014. After losing his re-election bid to Democrat Josh Kaul in 2018, outgoing Republican Governor Scott Walker appointed him as a judge in Waukesha County.

Most recently, Schimel unsuccessfully ran for the Wisconsin Supreme Court last spring in a high-profile race with significant political implications. Despite receiving an endorsement from former President Donald Trump and benefiting from millions in campaign spending by billionaire Elon Musk, Schimel lost to liberal candidate Susan Crawford.

During his brief tenure as interim U.S. Attorney, Schimel oversaw several notable cases, including the controversial prosecution of Milwaukee County Circuit Court Judge Hannah Dugan. Just weeks after his appointment, Schimel’s office led the case against Dugan, who was charged with helping an immigrant evade federal immigration officers attempting to make an arrest at the Milwaukee County courthouse.

The case became a flashpoint in the national immigration debate, with Trump’s administration characterizing Dugan as an activist judge, while Democrats argued the prosecution was intended to intimidate judges who might oppose federal immigration enforcement actions. In December, Schimel’s team secured a guilty verdict against Dugan on obstruction charges. She now faces up to five years in prison, though sentencing has been delayed as her attorneys pursue a new trial.

With the judges’ decision not to extend Schimel’s appointment, the Eastern District will now await President Trump and the U.S. Senate to nominate and confirm a permanent U.S. Attorney. This process could take months, potentially leaving a temporary leadership gap in one of Wisconsin’s key federal prosecutor offices.

The situation highlights the ongoing intersection of law enforcement leadership and political considerations, particularly in a swing state like Wisconsin that remains crucial in national elections. The judges’ decision to wait for the formal nomination process rather than extend Schimel’s interim appointment underscores the importance of established protocols in federal justice appointments, especially during politically charged times.