Francis Schmitz
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| Francis Schmitz | |
| Basic facts | |
| Role: | Attorney |
| Location: | Wisconsin |
| Expertise: | Law |
| Education: | • St. Norbert College (1972, B.A., economics) • University of Southern Illinois-Edwardsville (1975, M.B.A.) • Marquette University Law School (1983, J.D.) |
Francis Schmitz is a former U.S. district attorney. He was appointed as the special prosecutor overseeing the second of two John Doe investigations in Wisconsin related to Gov. Scott Walker.[1]
Biography
Schmitz received an undergraduate degree in economics from St. Norbert College in 1972. After graduating, he entered the University of Southern Illinois-Edwardsville, where he earned a masters of business administration (M.B.A.) in 1975. In 1980, he entered Marquette University Law School, graduating in 1983. He then spent almost 30 years in the U.S. District Attorney's Office until his retirement in 2013. He also served in the U.S. Army, rising to the rank of colonel. As of May 2015, he was in private practice in the Milwaukee, Wis., area.[2]
During his tenure with the U.S. District Attorney's Office, Schmitz specialized in criminal and civil litigation and was known as an anti-terrorism expert. He also served as a member of the Department of Justice's National Security Division.[3]
John Doe investigations
Two John Doe investigations, beginning in 2010 and ending in 2015, were launched by Milwaukee County District Attorney John Chisholm (D) into the activities of staff and associates of Gov. Scott Walker (R).[4] Francis Schmitz was appointed as the special prosecutor in the second of two John Doe investigations related to Scott Walker. A source who wished to remain anonymous told Wisconsin Watchdog that Schmitz was brought on as a tactic to intimidate the targets of the investigations with his anti-terrorism background. Another noted his ties to the Republican Party, saying that these ties were meant to give "a hyper-partisan investigation the public appearance of fairness."[5]
In August 2013, Schmitz was appointed as a special investigator by the Wisconsin Government Accountability Board (GAB) to investigate coordination between the group Friends of Scott Walker and a number of conservative groups. Less than a week later, he was appointed by the John Doe II Judge, Barbara Kluka, as the special prosecutor. In his April 2014 declaration, Schmitz claimed that he at one time belonged to the Republican Party and that he voted for Scott Walker in his 2012 recall election.[6]
Schmitz was named as a defendant in the federal lawsuit filed by John Doe II target Eric O'Keefe against the prosecutors. In May 2014, federal Judge Rudolph Randa granted a preliminary injunction to halt the investigation.[7][8]
On May 28, 2014, it was reported that Schmitz was negotiating with Steven Biskupic, the attorney for the Walker campaign.[9] Other conservative targets were concerned they would be sold out as part of the deal and expressed anger and a feeling of betrayal.[10] Schmitz ended the negotiations after they became public, and a question was raised about whether they violated Randa's injunction order.[11] Facing a possible contempt charge, Schmitz asked Randa to clarify if the injunction covered talks with attorneys representing targets who were not party to a suit. In Randa's filing in response, he wrote that the injunction was very clear and ordered Schmitz to provide copies of the injunction to all of the targets.[12]
O'Keefe and his organization, the Wisconsin Club for Growth (WCFG), took the case to the U.S. Supreme Court.[13][14] On May 18, 2015, the court declined to hear the appeal.[15]
On December 2, 2015, the Wisconsin Supreme Court ruled that Schmitz had been improperly appointed to serve as the special prosecutor of the second John Doe investigation. Schmitz was terminated as a result of this ruling.[16][17]
See also
- Wisconsin
- Scott Walker
- John Doe investigation
- Timeline of John Doe investigations related to Scott Walker
Footnotes
- ↑ LinkedIn, "Francis D. Schmitz, Attorney at Law," accessed May 8, 2015
- ↑ LinkedIn, "Francis D. Schmitz, Attorney at Law," accessed May 8, 2015
- ↑ Wisconsin Watchdog, "Democrats tap anti-terror expert to head secret probe of Wisconsin conservatives," November 1, 2013
- ↑ United States District Court for the Eastern District of Wisconsin Milwaukee Division, "Eric O’Keefe, and Wisconsin Club for Growth, Inc.," accessed February 23, 2015
- ↑ Wisconsin Watchdog, "Democrats tap anti-terror expert to head secret probe of Wisconsin conservatives," November 1, 2013
- ↑ The United States District Court for the Eastern District of Wisconsin, Milwaukee Division, "Declaration of Francis Smith," April 15, 2014
- ↑ United States District Court Eastern District of Wisconsin, "Decision and Order," May 6, 2014
- ↑ Wisconsin Reporter, "John Doe is dead: Judge stops WI prosecutors’ probe into conservatives," May 6, 2014
- ↑ Wall Street Journal, "Scott Walker's Friends," May 28, 2014
- ↑ Wisconsin Reporter, "Would Walker settlement with John Doe prosecutors be a deal with the devil?" May 28, 2014
- ↑ Wisconsin Reporter, "Attorney to judge: Don’t let John Doe prosecutor ‘moot’ injunction," May 29, 2014
- ↑ Wisconsin Reporter, "Federal judge says his order halting John Doe probe should be clear to prosecutor," May 30, 2014
- ↑ Wisconsin Watchdog, "O’Keefe takes his case against John Doe to U.S. Supreme Court," January 21, 2015
- ↑ Supreme Court of the United States, "Petition for a Writ of Certiorari," accessed March 10, 2015
- ↑ Wisconsin Watchdog, "U.S. Supreme Court denies review of John Doe-related case," May 18, 2015
- ↑ Wall Street Journal, "Mr. Schmitz Is Terminated," December 2, 2015
- ↑ Milwaukee Journal Sentinel, "Wisconsin Supreme Court won't reopen John Doe probe, rules against special prosecutor," December 3, 2015
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