Judges won't extend Wisconsin interim U.S. attorney's tenure |
Judges won’t extend Wisconsin interim U.S. attorney’s tenure
President Trump’s top federal prosecutor in Milwaukee will not have his temporary term extended by judges on the U.S. District Court for the Eastern District of Wisconsin, the court announced Tuesday.
Brad Schimel, interim U.S. attorney for the district, will see the clock on his appointment run out on March 17. A majority of the federal court’s judges declined to invoke its power to keep him in his post until the vacancy is permanently filled.
“The Court awaits the nomination and confirmation of a full-time United States Attorney by the President and United States Senate,” a notice posted to the court’s website says.
The court emphasized in its notice that it “intends no criticism or commentary” on Schimel’s performance or qualifications, or that of the DOJ lawyers in his office, by deciding not to extend his interim term.
“To the credit of that office, from the Court’s perspective, it has continued to represent the citizens of this district well,” the notice read.
Schimel has not been formally nominated to the job by Trump. But he joins the ranks of several of the president’s U.S. attorney picks whose tenures were not extended by the judges overseeing their districts.
It’s prompted an ongoing 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 Justice Department has attempted to keep some interim U.S. attorneys atop their federal prosecuting offices despite the expiration of their 120-day temporary terms.
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.
On Monday, a federal judge ruled that the trio of officials tapped to succeed her by splitting the role of U.S. attorney are also leading the office unlawfully.
“Why does the fate of thousands of criminal prosecutions in this District potentially rest on the legitimacy of an unprecedented and byzantine leadership structure?” U.S. District Judge Matthew Brann wrote in that ruling. “The Government tells us: the President doesn’t like that he cannot simply appoint whomever he wants.”
The Trump administration contends that Trump alone has the authority to select U.S. attorneys, even after their interim terms expire. So far, their argument has not prevailed in courts, which have pointed to federal vacancy law that leaves the task up to district judges.
U.S. attorneys in Nevada, California, New York and Virginia have also been disqualified.
In the Northern District of New York, the Justice Department has fired two prosecutors who were picked by judges to lead the office after Trump’s preferred U.S. attorney, John Sarcone III, was found to be unlawfully serving in the role.
In the Eastern District of Virginia, ex-U.S. Attorney Lindsey Halligan’s disqualification accompanied the dismissals of cases against former FBI Director James Comey and New York Attorney General Letitia James (D), two of Trump’s foremost foes. The Justice Department has appealed.
The Hill requested comment from the Justice Department.
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