Update 7: Happy Ben Masel Day Edition: Yes, I'm putting this update on top. Today is Ben Masel Day in Madison.
Activist Ben Masel never shied from exercising his rights
Ben Masel loved liberty. No, not talking about liberty, in the way that self-serving politicians and pontificating pundits do. Liberty was his passion, his avocation, his life’s work. Even as he was battling the lung cancer that would end his remarkable life, Masel kept struggling to make real the promise of freedom that has been so often made and so frequently denied to Americans.
A few weeks ago, on a break between radiation and chemotherapy treatments, Masel was outside the Willy Street Co-op promoting the latest of his political projects when a manager informed him that the activity was not allowed. Masel stood his ground. The police were called and they informed the veteran of 40 years of speaking truth to power that he had to cease his campaigning. Actually, Masel informed the officers, he had every right to exercise his rights in so public a place. He directed them to review a specific section on a specific page of a specific set of rules and regulations. The manual was retrieved and reviewed and, when all was said and done, Masel’s assessment of his rights — and those of all who dare dissent — was accepted.
Ben was also a Kossack who passed along his love of liberty and activism to us. He loved the uprising in Wisconsin and participated in it despite his weakening condition. Unfortunately, cancer took him from us far too soon.
RIP Ben. We're kicking Walkers butt on your behalf.
We had a not so great Friday news dump day a week ago, but some awesomeness on Tuesday, so it's anyones guess how today will go.
Today starts with some John Doe news.
Milwaukee County prosecutors have cleared a commercial real estate broker who was earlier jailed for refusing to cooperate with John Doe investigation into activities during Gov. Scott Walker's tenure as county executive.
Andrew P. Jensen Jr. and the firm for which he works, Boerke Co., have been informed by District Attorney John Chisholm's office that they are not targets in the nearly two-year probe, according to a highly unusual statement released Thursday by Jensen's attorney, Stephen E. Kravit.
"The District Attorney's office has also indicated that Mr. Jensen will not be charged and that clients of the Boerke Company will not be involving themselves in this matter as a result of their working relationship with Mr. Jensen or the Boerke Company," said the one-page statement on Chisholm's official letterhead.
"This statement is being issued with the advance approval and consent of the John Doe Judge and the Milwaukee District Attorney's office, and we appreciate the cooperation in permitting this information to be made public."
What's unusual here is that a statement of exoneration is normally never issued because John Doe Probes are always secret. And the lid on this John Doe has been screwed on tight. The only information that we have had comes from public activities such as immunity deals, executed search warrants, or indictments. There have been no leaks from the investigators, prosecutors, or the court.
Kravit, a partner with the Milwaukee firm Kravit Hovel & Krawczyk, declined comment on why the statement is being issued now.
Dean Strang, a well-regarded Madison attorney, said John Doe judges would rarely allow a defense lawyer to release information from a secret investigation indicating that a client was in the clear.
But Strang said he would have made the same request if he were representing Jensen. The publicity would have been bad for the broker and his firm, the lawyer noted.
We do know that Jensen was called before the John Doe Probe and offered an immunity deal in exchange for his testimony. He refused to testify because the immunity deal could not be kept secret and was jailed for refusing to testify as a result. Following his brief incarceration, he changed lawyers and began cooperating with prosecutors.
The unusual exoneration letter may be an attempt to clear Jensons reputation which has been soiled by his involvement with the John Doe.
There's been a lot of discussion and anticipation here on DK of the effect of the John Doe Probe on the recall elections. In fact, it's gotten some local ink, too.
Local RW radio has been trashing the John Doe Probe relentlessly for a couple of weeks and the Republican Party has lobbed a few shots of its own about a week ago. First, they accused the Milwaukee County District Attorneys office of being partisan - saying that 43 staff members signed recall petitions and then sending a letter to Republican State Attorney General JB Van Hollen asking him to take over the investigation.
The DAs office denied that anyone connected with the John Doe signed recall petitions. Even if they did, participating in a democratic activity such as signing a recall petition or voting, aren't partisan activities.
To his credit, JB Van Hollen quickly rejected the GOPs request to take over the investigation. He was asked to participate when the probe began in May, 2010, and declined at that time. In fact, the failure of the Wisconsin Department of Justice to participate in the John Doe is what led the Milwaukee County District Attorneys office to ask for the assistance of the FBI.
Whether or not the John Doe Probe could or will affect the recalls is a matter of speculation.
Several former prosecutors and judges suggested they would be extremely cautious if they were in Chisholm's shoes.
In short, they said they would file any additional new charges soon, or wait until after June 6. A John Doe probe is a secret investigation that allows prosecutors to compel testimony and gather evidence.
Ex-Milwaukee County Circuit Judge John Franke, who had a celebrated career prosecuting organized-crime figures, said DAs face "no-win choices" when handling a criminal case involving a politician or his aides shortly before an election.
Franke would be inclined to sit on his hands until the votes are cast.
"One approach is to put blinders on and try to do whatever would have happened without the election. Another is to attempt to separate prosecution and politics by waiting until after the election, no matter who might be helped," Franke said. "I prefer the second choice, but either way, the prosecutor will be accused of political bias."
It is the tiny space between the proverbial rock and a hard place.
Daniel Blinka, a Marquette University law professor and former prosecutor, said it would be impossible for Chisholm to keep the case from being politicized.
"Politics are integrally involved in this John Doe," Blinka said. "They're inevitably part of the case."
Republican activists will be upset if Milwaukee prosecutors file complaints against additional Walker aides before June 5, arguing that the Democratic district attorney would be trying to influence the election.
But Democrats will be equally upset if charges wait until after the election, especially if Walker wins. Likewise, Republicans would accuse Chisholm of trying to use the courts to tar the governor coming out of the recall race.
Blinka, who worked on a number of John Doe cases, said the key is for Chisholm to build the strongest cases he can - or decide not to press additional charges. Blinka recommended that the prosecutor draw on the experience of veteran jurist Neal Nettesheim, the appeals court judge overseeing the John Doe case.
"It all comes back to the integrity of the process," he said. "The legitimacy of the charges is paramount."
One has to wonder what discussions are going on behind closed door and the effect of the political bomb-throwing by the GOP is having. Or, perhaps, the investigators and prosecutors are simply ignoring the outside hoopla and keeping their focus solely on the investigation.
Next month, the John Doe Probe will be 2 years old. Because of the tight lid, no one knows how close they are to finishing the investigation or what directions the probe has moved in. We don't know if it will be affected by politics, the looming recall elections, or the nearing completion of the process.
Until it closes, we can only watch and speculate.
Update 1: Walkers War on Women Edition:
The electrons have barely settled on this diary and the first news has emerged:
Planned Parenthood of Wisconsin is about to announce plans to stop providing drugs to women for abortions in the first nine weeks of pregnancy - a method used in about a quarter of the provider's abortions in Wisconsin - citing a new state law that criminalizes a physician's failure to follow a specific protocol laid out by the law.
Officials with Planned Parenthood told the State Journal they're changing their policy because the new state law that went into effect Friday requires women who are undergoing a nonsurgical abortion to visit the same doctor three times, and that the doctor establish the woman isn't being coerced into the procedure.
The new law is "vague" and "problematic," Planned Parenthood CEO Teri Huyck told the State Journal. "It's very difficult for a physician to know when he or she is in compliance with the law."
The new law doesn't affect emergency contraception taken within 5 days of unprotected intercourse.
Wisconsin Right to Life declared Planned Parenthood's decision to stop offering medication-induced abortions "a true victory for Wisconsin women"
Wisconsin Right to Life was the major force behind this new law which was among many that Scott Walker signed on the last possible day he could sign it (after the Wisconsin Presidential primary) and in private. The bill signings were announced on Good Friday in an effort to hide the anti-woman nature of many of the bills from the publics attention.
Update 2: Walkers Friends Get "Paid" Edition: The union which represents the Milwaukee Police (and endorsed Scott Walker) got their payoff for that endorsement today. Exempted from union stripping along with State Troopers and firefighters (but not prison guards, probation officers, etc.), the union took the City of Milwaukee to court over changes to their health care plan. The increased deductables and co-pays, the same as for other city public workers, were contested by the police union because they were exempted from the union stripping law.
The Police Union won.
A judge on Friday granted a permanent injunction blocking Milwaukee's efforts to make its police officers pay new deductibles and co-pays as part of their health insurance.
In a rambling, hourlong oral ruling, Circuit Judge Dominic Amato said the city's attempts to distinguish such payments from health insurance premiums was a "red herring," and that the Legislature clearly intended to preserve all collective bargaining for public safety employees - including to bargain who pays deductibles in health insurance.
Don't get me wrong, I don't want anyone to pay the awful deductables and co-pays that I and other city and county retirees and employees were subjected to on January 1, but this clear benefit inequality sucks.
Update 3: Bang Bang Edition: More sad news.
The state Department of Justice issued its 100,000th concealed carry permit Friday, Attorney General J.B. Van Hollen said.
The new concealed carry law went into effect November 1.
Jeri Bonavia, executive director of the Wisconsin Anti-Violence Effort, said it was impossible to know how the law was working because the names of permit holders are confidential and available to law enforcement only in limited circumstances.
"We just don't know whether there have been problems or haven't been problems," she said.
OK. Recall signers - publicly available. Concealed carry permit holders - confidential. Got it?
Republican shills are crowing about the "success" of the new law. Frankly, I'm still very concerned about public safety, particularly considering the violent tendencies of the Walkerites that we've seen during the recalls.
In addition the to concealed weapons law, Republicans who controlled the Legislature last year approved a "castle doctrine" giving legal protections to those who shoot home intruders. Van Hollen spoke favorably of that law.
Update 4: We're Not That Broke Edition: Un-friggin-believable:
Wisconsin Gov. Scott Walker quietly reinstated a program to give merit raises and bonuses to some state workers even as he preached cost-cutting and pushed through a law reducing most public workers' pay and eliminating their union rights.
An analysis of data The Associated Press obtained through an open records request showed Wisconsin agencies have handed out more than $765,000 in bonuses and merit raises this year to nearly 220 employees.
The money was awarded under a program former Democratic Gov. Jim Doyle suspended but Walker reinstated last year. The money is meant to reward stellar performance, but it comes as the state faces a $143 million shortfall and after thousands of state workers took pay cuts through provisions in the collective bargaining law requiring them to contribute more to their pensions and health care.
It's not the regular folks getting that money, either.
The state Department of Justice, which couldn't find enough money to fully fund services for sexual assault victims last year, was the biggest spender, giving out nearly $300,000 to 94 workers.
Assistant Attorney General Maria Lazar, who defended Walker's collective bargaining law in an open meetings challenge and has handled the state's defense of Republican redistricting legislation, got a $1,000 bonus and a $1.50-an-hour raise in March, bumping her salary by more than $3,000 to $104,730.
Deputy Attorney General Kevin St. John, who defended the collective bargaining law in front of the state Supreme Court, got a $2.51-an-hour raise in March that adds up to more than $5,000 per year and brings his pay to $134,307.
Thirty-seven DNA analysts, meanwhile, got raises worth $158,000.
You read that right. They can't fund sexual assault victim services, but they can "reward" lawyers that fought the lawsuits about union busting.
Management at the University of Wisconsin are also beneficiaries of the Walker largesse.
The University of Wisconsin System, meanwhile, also gave out nearly $300,000 in raises and bonuses. Five employees, including a power plant superintendent at UW-Milwaukee and a UW Extension human resources manager, each received $5,520 bonuses, the largest ones anyone in state government received.
The bonuses and raises come as the system absorbs a $250 million cut in the 2011-13 state budget as well as another $46 million in additional cuts this year. Tuition has gone up by at least 5.5% across system campuses.
So, when Walker wants to spend money, we've got it. When programs need to be funded or people compensated for their work, we're broke. Got it?
Update 5: Unintended Comedy Edition: As Bubbanomics would say: Hahahahahahaha!
Walker was then asked what would happen if Romney comes to Walker, assuming he is re-elected in June, and asks him to be his vice presidential candidate?
"I'd say, 'If you need Wisconsin, Paul Ryan would be a great pick,'" Walker said.
Paul Ryan would be an awesome choice. His Path to Poverty alongside R-Moneys unfettered wealth and tax avoidance would be a target so large even the national Dems couldn't miss it.
Update 6: Phony Baloney Concern Edition: The GOP is clutching their pearls again with their phony "voter fraud" concerns. Oh, yes. The Voter ID Law remains under injunction, so they'll keep on expressing fear of armies of fraudulent voters:
Attorney General J.B. Van Hollen says he is very concerned about voter fraud as six recall elections near, including one targeting fellow Republican, Gov. Scott Walker.
Van Hollen says voter fraud is always a risk and he has no reason to believe it's any less of a concern in the recalls. He says his office is moving forward with appeals of the lawsuits as quickly as possible.
Yes, folks, despite a shred of evidence, they'll continue to promote voter fraud when the real concern should be election fraud. Just look at Kathy Nicklaus and the "you can't see it because it's secret" voting and counting machine software.
Update 7 is located at the top of the diary. Happy Ben Masel Day.
I have updated the diary title to reflect the big news today.
Update 8: Un-frigging-believable #2 Edition: Just as with Update 4, Republicans continue to insist on austerity because "we're broke" except for when they want to spend some money - then we've got plenty.
Republican tool and Wisconsin State Attorney General JB Van Hollen (who was one of the most generous bonus givers to his loyal staff when he doesn't have enough money for the Sexual Assault Unit) is now unbelievably claiming that his appeal of the secret and exclusively Republican gerrymandering Wisconsin redistricting to the US Supreme Court will have minimal cost.
The state used Reinhart Boerner Van Deuren to assist Van Hollen with the case before a panel of three federal judges. The firm’s contract is up to $925,000.
And that's just for the 3 judge panel. I can barely imagine what a Supreme Court case will cost us taxpayers.
Van Hollen touted the March ruling because the court found problems with just one line after reviewing all the congressional and legislative maps Republicans in the Legislature approved last year. But he said Friday an appeal was warranted.
Despite scolding the GOP for the secret redistricting with no input from the public, the 3 judge panel rewarded Republicans by allowing them to keep the entire map they drew except for 1 line dividing 2 districts. But that's not enough for todays GOP that demands 100% of what they want.
Of course, the appeal gives citizens and Democrats another chance to get fairer districts if the Supreme Court agrees to hear the case. If they don't, the map stays as redrawn by the 3 judge panel and massively favors Republicans.
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