U.S. Sen. Tammy Baldwin is calling for the Federal Nominating Commission to take a second shot at identifying candidates for the state’s U.S. attorney positions after judges on the Eastern District declined to retain Brad Schimel for the Milwaukee job.
U.S. AG Pam Bondi in November appointed Schimel interim U.S. attorney for the Eastern District after the commission failed to reach consensus on candidates for the posts in Milwaukee or Madison.
The federal judges in Milwaukee announced yesterday they declined to extend Schimel’s appointment or to select an interim U.S. attorney of their own. That will leave it up to the U.S. attorney’s office in Milwaukee to elevate someone to the post.
Last week, Baldwin, D-Madison, expressed her opposition to Schimel remaining in the job. She called the former GOP AG and conservative candidate for state Supreme Court a “clearly partisan actor.”
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The judges on the Eastern District said they will now await “the nomination and confirmation of a full-time United States Attorney by the President and United States Senate.”
Baldwin said in a statement, “I’m glad that the judges of the Eastern District of Wisconsin are respecting the process that Senator Johnson and I have to get high-quality, impartial prosecutors to serve Wisconsin. It has not always been easy, but the hard work is worthwhile for the people we serve.”
Schimel, whose 120-day appointment ends March 17, declined comment.
Restarting the Federal Nominating Commission would require Baldwin and Johnson to agree on a charter.
Johnson, R-Oshkosh, in a statement said he will work with Baldwin to reconvene the commission. But he called it “bizarre” that the court said Schimel performed well and did not appoint him to finish out the vacancy.
“I am obviously disappointed in their decision,” Johnson said. “I encourage Attorney General Pam Bondi to utilize available authorities to keep Brad in charge of the U.S. attorney’s office.”
Following Baldwin’s criticism last week, Schimel told WisPolitics that he didn’t know where the “vitriol” from the senator came from and that he was working to secure support from the judges to remain in the job.
Note: This item was updated to include comment from Johnson.
