Wisconsin senators send U.S. Attorney nominees to Trump

Listen to this article

Wisconsin’s senators have sent two nominees to lead the state’s two U.S. Attorney’s Offices to President Donald Trump for consideration, the latest twist in an extended dispute over who should be the top federal prosecutors in the state.

U.S. Sens. Ron Johnson and Tammy Baldwin forwarded the names of Peter Smyczek and Chadwick Elgersma to Trump. The senators said in a joint statement those names came to them from the state’s bipartisan Federal Nominating Commission.

Most notable is whose name was not forwarded: Brad Schimel.

Schimel, the former Wisconsin attorney general, is currently leading the U.S. Attorney’s Office for the Eastern District of Wisconsin under the title of first assistant U.S. attorney.

Baldwin has been strongly opposed to Schimel, while Johnson voiced support in the past.

Smyczek and Elgersma “will apply the rule of law and serve the people of Wisconsin’s Eastern and Western districts well,” Johnson, a Republican, said in a statement.

The move is “proof that the hard work of this commission and finding common ground can work,” Baldwin, a Democrat, said.

Smyczek is an assistant U.S. attorney in the Eastern District and Elgersma is already the U.S. attorney in the Western District, after he was named to the position by the district’s judges.

The recommendations from Baldwin and Johnson will go to the White House, and Trump could nominate both or take no action.

Johnson said he appreciates Schimel’s “hard work and dedication” as he “continues to serve the people of Wisconsin and remains fully committed to his role.” The position of first assistant is traditionally the number two in the office.

Schimel, 61, said he was still absorbing the news in an interview Thursday afternoon.

“I keep getting knocked down; I get back up again. I guess I have to do that one more time,” Schimel told the Milwaukee Journal Sentinel.

“I don’t know what’s going to happen next; I don’t know how quickly things are going to move. My intentions are to keep working my tail off to have this office do the best we can for the people we serve until I’m not [there] anymore.”

The conflict over the position is one of many nationwide regarding the appointments of top federal prosecutors by the president as the Trump administration bypasses tradition and puts in loyalists. Nominees have also been blocked by Democrats.

Of the 93 U.S. attorney’s offices in the country, 62 are being run by interim or acting prosecutors who have not been confirmed by the Senate.

Schimel was named interim U.S. attorney in November 2025 as the state’s bipartisan nominating committee failed to come to a consensus on any nominees for the positions in the eastern or western districts. Schimel applied for both. Those applications came after his unsuccessful run for a seat on the Wisconsin Supreme Court.

That appointment expired on March 16. The district’s judges could have allowed him to keep the position, but they declined to do so, opting not to insert themselves into the process.

Instead, then-U.S. Attorney General Pam Bondi announced on March 18 that she would appoint Schimel to lead the office as first assistant U.S. attorney.

Since moving into that role, Schimel said, the office has been “accomplishing great things, and the team here is fantastic.” Whether he continues in the office, Schimel said, “they’re going to continue to do great things.”

It’s unknown whether Schimel would remain in the office in any role should Smyczek be confirmed, as the U.S. Attorney has discretion to determine who serves as first assistant.

“I’m a patriot and I am a public servant, and whatever my future holds, I will continue to do the very best I can in whatever role I can and whatever time I have left,” Schimel told the Journal Sentinel.

After Bondi’s announcement, Johnson and Baldwin indicated they would move forward with restarting Wisconsin’s nominating commission in an effort to send candidates to the White House, as they did on April 30.

In the state’s Western District, Elgersma already holds the title of U.S. attorney. The district’s judges voted to allow him to keep the position after the U.S. Justice Department named him acting U.S. attorney in July 2025.

Smyczek is currently an assistant U.S. attorney in the Eastern District.

“The candidates that the commission put forward appear well qualified, to have relevant experience, and committed to delivering justice impartially, and I support them moving through the next stage of the nomination process,” Baldwin said. “Wisconsinites want these top law enforcement officials to work for them and uphold the constitution without fear or favor, and I will vet these candidates to ensure they meet that criteria and do right by Wisconsin families.”