Reappointment of Brad Schimel Could ‘Threaten’ Criminal Cases
The move is legally questionable, could lead to cases being thrown out, expert warns.
Brad Schimel announces his run for Wisconsin State Supreme Court on Thursday, Nov. 30, 2023, in Waukesha, Wisconsin. Angela Major/WPR
Former state Attorney General Brad Schimel is staying on as the head of the U.S. attorney’s office in Milwaukee, despite the term for his original appointment expiring.
U.S. Attorney General Pam Bondi picked Schimel to lead Wisconsin’s Eastern District last year — for a period of 120 days. That interim term expired earlier this week, without him receiving confirmation from the U.S. Senate. The district’s federal judges could have extended his term but declined to.
Bondi then reappointed Schimel to lead the office under the new title of first assistant U.S. attorney.
The move is part of a nationwide strategy by the Trump administration to circumvent Congressional approval as candidates fail to get enough Democratic lawmakers to sign off on their appointment. That’s according to Paul Nolette, a professor and director of the Les Aspin Center for Government at Marquette University.
Nolette told WPR’s “Wisconsin Today” the administration could be on legally shaky ground.
“It’s very questionable … other judges across the country have, in fact, ruled this illegal,” he said. “And one of the issues there is: What happens to the cases if later on, Brad Schimel is ruled an illegal appointee? That could potentially threaten the criminal cases that are overseen by the office.”
The following was edited for brevity and clarity.
Kate Archer Kent: Could the cases in the Milwaukee U.S. attorney’s office have a better argument for appeals, or even dismissal, because of Schimel’s reappointment?
Paul Nolette: Yes, absolutely. I think the case to look at, the high profile one last November, was when (former FBI director) James Comey and the New York Attorney General (Letitia) James — both of their indictments were overturned by a judge because the judge found that the U.S. attorney who was named an interim, much like Brad Schimel has in this case, that that was an illegal appointment. These cases are going to be proceeding under some questionable legality.
KAK: It looks like only 31 of the 94 federal judicial districts are currently led by U.S. attorneys who are confirmed by the Senate. What do you make of that number?
PN: This really goes to show just the increasing polarization in the U.S. Senate. It’s very difficult to get judicial appointments or other types of appointments, like U.S. attorneys, through the Senate. Even though the Democrats are currently the minority in the U.S. Senate, they have a lot of tools to slow down the process. That’s what the Trump administration has been frustrated at, and increasingly using these acting and interim labels to get their people in these roles. This is a good example, over the last few years, of just how much the polarization has seeped into U.S. attorney’s offices, which largely have been bipartisan in the past.
KAK: Will lawyers want to work in these offices when they see so much partisan upheaval?
PN: A lot of the people who work in these offices really aren’t partisan people. They want to do a good job serving the people of the district in the state. I think this is a danger for public service, ultimately, when it gets tied up in politics in such a dramatic way like what we’ve been seeing across the country.
KAK: As you said, the Trump administration is conducting similar appointments in other parts of the country. What are you watching for next here?
PN: I think ultimately I would not be surprised if the U.S. Supreme Court steps in and makes some sort of judgment that clarifies the legality of these appointments. I mentioned before that this could threaten a number of criminal cases. The one thing against that, though, is that statistic that you mentioned that only about one-third of U.S. attorneys have gone through the process. That’s a lot of criminal cases that would be overturned if these were all seen as illegal appointments. It could be a really big deal for the legal system.
Wisconsin government expert: Reappointment of Brad Schimel could undermine cases was originally published by Wisconsin Public Radio.
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