Bondi gives ousted interim prosecutor new title allowing him to keep job

The ousted interim U.S. attorney in Milwaukee will remain in charge of cases after Attorney General Pam Bondi assigned him a new title that allows him to stay atop the federal prosecuting office. 

It’s the latest example of the Justice Department maneuvering to keep President Trump’s appointees in their positions beyond their temporary terms as their Senate confirmations stall.  

Brad Schimel was tapped as interim U.S. attorney for the district in November, and the 120-day clock on his appointment was set to run out on Tuesday. A majority of judges on the U.S. District Court for the Eastern District of Wisconsin declined to invoke their power to keep him in his post until the vacancy is permanently filled. 

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The U.S. attorney’s office in Milwaukee announced Wednesday that Schimel would become the district’s first assistant U.S. attorney, where he can continue overseeing cases. 

The Hill requested comment from the office. Schimel said in a statement to The Associated Press that he “will continue to work tirelessly to make the entire district safer and stronger.” 

Efforts to keep Trump’s picks at the helm of U.S. attorney offices has spurred a tug-of-war between the Trump administration and the judiciary over who has the authority to fill the critical positions as Senate confirmations stall for some of Trump’s most loyal nominees. 

The president and his allies have blamed the Senate blue slip process that allows home-state senators to veto presidential nominees to district courts and U.S. attorney offices, giving them more influence over the process. Wisconsin’s senators are Republican Ron Johnson and Democrat Tammy Baldwin.  

Only 30 districts are currently led by U.S. attorneys who were greenlighted by the Senate, according to a list on DOJ’s website.  

As the Justice Department has sought to keep some interim U.S. attorneys in their roles despite the expiration of their temporary terms, some judges have ruled they acted unlawfully.  

Courts have found that Alina Habba, the former U.S. attorney in New Jersey, unlawfully served in the position after her interim term expired, despite a “novel series of legal and personnel moves” the administration took to keep her in the job. She resigned, but the trio of officials tapped to succeed her by splitting the role of U.S. attorney have also been found to be leading the office unlawfully. 

U.S. attorneys in Nevada, California, New York and Virginia have also been disqualified.  

The government says Trump has the authority to pick his U.S. attorneys, even when their interim terms expire, but federal vacancy law leaves the task up to district judges. 

The judges on the U.S. District Court for the Eastern District of Wisconsin said their decision not to extend Schimel’s tenure had nothing to do with his performance or qualifications.  

“The Court awaits the nomination and confirmation of a full-time United States Attorney by the President and United States Senate,” a March 10 notice posted to the court’s website said. 

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