Judges Said No, But Brad Schimel Is Still Running Milwaukee’s U.S. Attorney Office

Brad Schimel. Photo courtesy of the U.S. Department of Justice.

Former Wisconsin Attorney General Brad Schimel will continue leading the U.S. Attorney’s Office for the Eastern District of Wisconsin, despite the expiration of his interim appointment and a decision by federal judges not to extend his tenure.

U.S. Attorney General Pam Bondi has appointed Schimel as first assistant U.S. attorney in Milwaukee, a move that allows him to continue overseeing operations in the district under a different title. The appointment was announced Wednesday by the U.S. Attorney’s Office.

Schimel had been serving as interim U.S. attorney since November, when Bondi appointed him to a 120-day term. That term expired this week. Earlier this month, judges in the Eastern District of Wisconsin declined to exercise their authority to extend his interim appointment, opting instead to wait for a permanent nominee to be selected and confirmed.

The new appointment keeps Schimel in a leadership role at a time when many federal prosecutor positions across the country remain unfilled. According to the U.S. Department of Justice, only 30 of the nation’s 94 federal judicial districts are currently led by a presidentially nominated and Senate-confirmed U.S. attorney. In many others, including Wisconsin’s eastern district, day-to-day operations are being overseen by interim, acting or first assistant U.S. attorneys.

“I am grateful for this opportunity to serve the people of the Eastern District of Wisconsin,” Schimel said in a statement. “I will continue to work tirelessly to make the entire district safer and stronger.”

Schimel’s continued leadership comes amid broader delays in the U.S. Senate, where Democrats have slowed confirmation votes on President Donald Trump’s nominees for U.S. attorney positions. As a result, first assistant U.S. attorneys are currently running offices in a dozen states, including California, New Mexico, Kentucky, Nevada, New York, Virginia, Vermont and Washington.

The decision to keep Schimel in charge follows a contentious period surrounding his appointment. U.S. Sen. Tammy Baldwin, a Democrat, has opposed his continued service, describing him as a partisan actor and arguing that selecting a candidate who will “uphold the rule of law rather than pledge loyalty to the President” is critical.

Republican U.S. Sen. Ron Johnson, meanwhile, has supported Schimel and criticized the judges’ earlier decision not to extend his interim tenure, calling it “bizarre” and urging Bondi to keep him in charge of the Milwaukee-based office.

Schimel, a Republican, brings decades of experience in Wisconsin’s legal and political circles. He served as Waukesha County district attorney before being elected Wisconsin attorney general in 2014. He lost reelection to Democrat Josh Kaul in 2018 and was subsequently appointed as a Waukesha County judge by then-Gov. Scott Walker.

More recently, Schimel ran for the Wisconsin Supreme Court in a high-profile race that drew national attention and significant outside spending. Despite backing from Trump and support from billionaire Elon Musk, he lost the election to liberal candidate Susan Crawford.

As head of the Eastern District office, Schimel oversees federal criminal investigations and prosecutions across a region that includes Milwaukee, Green Bay and much of eastern Wisconsin.