2017-03-02

Created page with "'''Brad Schimel''' was elected Wisconsin Attorney General November 4, 2014, defeating Democratic candidate Susan Happ, the District Attorney of Jefferson County. Schimel previ..."

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'''Brad Schimel''' was elected Wisconsin Attorney General November 4, 2014, defeating Democratic candidate Susan Happ, the District Attorney of Jefferson County. Schimel previously served as District Attorney for Waukesha County.

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==Open Records Controversy==

Schimel has held training sessions for government officials on open records and open meetings laws but while he declares his support for transparency he has also been busy fighting open records requests that are politically inconvenient.

Weeks before the Republican AG was elected in 2014, the Democratic Party of Wisconsin filed an open records request with his predecessor, former Republican Attorney General J.B. Van Hollen. The party received a tip late in that election cycle that then-Waukesha County District Attorney Schimel had participated in video taped DOJ trainings and that he made inappropriate remarks in them. The party specifically targeted presentations in 2013, 2012, 2010 and 2009 but DOJ claimed that they couldn’t find the tapes for three of them. <ref> Scott Rada, [http://lacrossetribune.com/news/local/state-and-regional/judge-orders-doj-to-release-schimel-videos/article_45f5fa0e-d7d8-52df-89c8-dbd6e1d4c806.html Judge orders DOJ to release Schimel videos], ''La Crosse Tribune'', October, 2014.</ref>

Van Hollen refused to produce the requested training videos. DOJ claimed that releasing them would reveal law enforcement strategy and compromise victim privacy. The Democratic Party quickly filed a lawsuit in Dane County. Circuit Court Judge Richard Neiss viewed the available tapes and said that there was no reason to keep them private. He ordered the state to release the training videos, however he put a hold on his own order while the state appealed it. Unfortunately that ensured that the public would not see the Schimel videos before voting in what was considered a relatively close race. <ref> Jason Stein and Bill Glauber, [http://archive.jsonline.com/news/statepolitics/judge-puts-hold-on-order-to-release-training-videos-featuring-schimel-b99383215z1-281315101.html Judge puts hold on order to release training videos featuring Schimel], ''Milwaukee Journal Sentinel'', November 3, 2014.</ref>

Schimel won the election and as AG continued to fight the release of the videos. DOJ appealed the Neiss ruling but lost again in 2015 when the state court of appeals unanimously said that there was no compelling reason to keep the videos secret. Rather than actually practice open government after another loss in court, Schimel’s DOJ decided to instead appeal to a politically friendly majority on the Wisconsin State Supreme Court.

In September 2016, a [https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=181650 decision] the right-wing majority of the WSC granted a 5-2 reversal of both lower courts. The majority included conservative Justices Rebecca Bradley, the author of the decision, Roggensack, Gableman, Kelly and Ziegler while Justices Abrahamson and Ann Walsh Bradley dissented.

The politically expedient decision was a reversal of practice and precedent regarding Wisconsin’s traditionally open government laws. Writing for the majority, Justice Rebecca Bradley noted that the “context” of the records request should be considered because it “suggests a partisan purpose underlying the request.” Bill Lueders, president of the Wisconsin Freedom of Information Council commented that this point was the “most disappointing” part of the ruling for him. “That’s not supposed to be a factor.” He went on to observe that the majority don’t seem to mind it when their own political allies use the records law to help them get elected.

In a [https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=181650 powerful dissent], Justice Shirley Abrahamson said, “Today, the majority opinion significantly dims the lights on transparency in government and shuts off some lights by concluding that the Department of Justice may withhold both of the videos in their entirety.”

The Democratic Party of Wisconsin’s attorney, Michael Bauer, didn’t mince words in his reaction to the decision saying that “No amount of platitudes regarding its 'commitment to open government' as found in today's opinion, or self-serving 'open government' seminars conducted by the attorney general should fool Wisconsin citizens about the Republican leadership and Supreme Court of this state's efforts to undermine a fundamental pillar of our democracy…”

<ref>Patrick Marley, [http://www.jsonline.com/story/news/politics/2016/12/28/high-court-keeps-schimel-videos-public/95890668/ State high court keeps Schimel videos from public], ''Milwaukee Journal Sentinel'', December 28, 2016.</ref>

In a Milwaukee Journal Sentinel editorial reacting to the decision, the state’s largest paper flatly stated that “the majority got it wrong, and sent a disturbing message about this court’s commitment to protecting the public’s right to know how its officials conduct their business.”

<ref> Editorial Board, [http://www.jsonline.com/story/opinion/editorials/2016/12/29/editorial-state-court-got-wrong-public-right-videos/95978934/ State court got it wrong; public has right to videos], ''Milwaukee Journal Sentinel'', December 29, 2016.</ref>

==Pro-Schimel Dark Money Group Generates Federal Complaint==

In October 2014 before his election Schimel was neck and neck with Susan Happ when a mysterious dark money group, with the phony name "Rule of Law Project," (ROLP) dropped into the race with a major ad buy backing Schimel and lauding him for his opposition to President Obama’s Clean Power Plan. <ref> Mary Bottari, [http://host.madison.com/ct/opinion/column/mary-bottari-dark-money-group-that-backed-ag-schimel-is/article_0bd36fef-5db8-50f9-89c2-4de2bb552f68.html Dark money group that backed AG Schimel is in spotlight], ''The Cap Times'', June 123, 2016.</ref>

The Madison-based [[Center for Media and Democracy]] was first to link the ROLP to the Washington, D.C., law firm of Boyden Gray and Associates. A founder of the [[Federalist Society]] and former White House counsel, Gray is the chief architect of the 40-year attack on regulations protecting public health and the environment. Gray's firm represents dirty power companies in the fight against the president’s plan, which if implemented would reduce greenhouse gas pollution by up to 32 percent in 2030.<ref> Mary Bottari, [http://host.madison.com/ct/opinion/column/mary-bottari-dark-money-group-that-backed-ag-schimel-is/article_0bd36fef-5db8-50f9-89c2-4de2bb552f68.html Dark money group that backed AG Schimel is in spotlight], ''The Cap Times'', June 123, 2016.</ref>

In 2016, [[Citizens for Responsibility and Ethics in Washington]] (CREW) filed a formal complaint with the U.S. Department of Justice and the FBI urging an investigation and alleging that the dark money group made false representations to the IRS.

"There are still some limits to the amount of spending and secrecy these groups are permitted — and too many brazenly ignore these modest limits," CREW Executive Director Noah Bookbinder said. <ref> CREW, [http://www.citizensforethics.org/dark-money-uncovered/ Dark Money Uncovered], ''Citizens for Responsibility and Ethics in Washington''</ref>

CREW spotted some big names and some big dark-money players in ROLP.<ref> CREW [http://www.citizensforethics.org/dark-money-uncovered/ Dark Money Uncovered], ''Citizens for Responsibility and Ethics in Washington''</ref>

• [[William Kristol]] is a director of ROLP. Kristol appears to be the same William Kristol who is editor of the [[Weekly Standard Magazine]].

• Leonard Leo is a director of ROLP. Leo is the executive vice president of the [[Federalist Society]] and a big secret money player.

==Lawsuit Against Obama Administration's Clean Power Plan==

Dark money groups got what they wanted when, with Governor Scott Walker's approval, Schimel signed onto a lawsuit aimed at stopping the Obama Administration's Clean Power Plan (CPP). The lawsuit was spearheaded by Murray Energy, the largest privately-held coal company in America, and the West Virginia Attorney General, who argue that the new rules are a costly overreach by the federal government. The CPP is the nations first standards for limiting dirty carbon emissions from coal-fired power plants. While Schimel says he is protecting Wisconsin businesses and rate payers, the lawsuits are a strategy in a national playbook written by the fossil fuel industry and anti-government ideologues like the Koch's Americans for Prosperity and the Koch-funded [[ALEC]]. <ref> Mary Bottari, [http://www.prwatch.org/news/2015/12/12995/brad-schimels-dirty-power-play Brad Schimel's Dirty Power Play], ''PRWatch'', December 10, 2015.</ref>

Schimel would later hire a top attorney in the West Virginia Attorney General's office as Wisconsin's first "Solicitor General." His job is to bring and engage in high-profile national lawsuits.

==Costly Solicitor General Position==

In October of 2015 Schimel named Misha Tseytlin the first Solicitor General of Wisconsin, a position created at Schimel's request. The new office is expected to cost taxpayers approximately $1 million over the next two years. Tseytlin is a key player in the attempt to derail the effort to rein in carbon emissions. He is listed as general counsel on the West Virginia lawsuit challenging the CPP. He also battled an EPA rule which restored Clean Water Act protections to wetlands and streams. <ref> Mary Bottari, [http://www.prwatch.org/news/2015/12/12995/brad-schimels-dirty-power-play Brad Schimel's Dirty Power Play], ''PRWatch'', December 10, 2015.</ref>

==$10,000 for Personal Coins==

[[image:Brad Schimel Coins.JPG|right|100px|Brad Schimel Coins|frame| ''Milwaukee Journal Sentinel'']]

In 2017 records revealed that Schimel spent $10,000 on "commemorative coins," paid for by the state Justice Department, engraved with Schimel's own personal motto "K.A.E.D" or Kicking Ass Every Day, which he uses to sign off in emails with staff. <ref> Daniel Bice, [http://www.jsonline.com/story/news/investigations/daniel-bice/2017/01/06/bice-schimel-drops-10000-commemorative-coins/96249580/ Schimel drops $10,000 on commemorative coins], ''Milwaukee Journal Sentinel'', January 6, 2017.</ref>

==Prosecutor Pay Raises==

In 2017 Schimel proposed $4.8 million to pay for raises in District Attorney offices for prosecutors. If Governor [[Scott Walker]] agrees, the funds will be included in Walker's 2017 state budget proposal. <ref> Molly Beck, [http://host.madison.com/wsj/news/local/govt-and-politics/brad-schimel-seeks-million-in-raises-for-state-prosecutors/article_6cefa74b-14cc-5e53-a20b-7e10dff125bd.html Brad Schimel seeks $4.8 million in raises for state prosecutors], ''Wisconsin State Journal'', January 9, 2017.</ref>

==Expensive Attorneys for Gerrymandering==

In November of 2016 a panel of three judges found that Republic led redistricting unfairly and unconstitutionally favors Republicans. Schimel and the Republicans have retained private and expensive attorneys to aid in the defense of their gerrymandered maps at the Supreme Court. These expenses will come out of the pockets of Wisconsin taxpayers, although Republicans have yet to announce exactly how much this will cost. Thus far Wisconsin has paid $2.1 million in legal aid related to Republican redistricting and gerrymandered maps. <ref> Patrick Marley, [http://www.jsonline.com/story/news/politics/2017/02/06/top-lawyer-help-wisconsin-republicans-fight-over-legislative-maps/97568568/ Top lawyer to help Wisconsin Republicans in fight over legislative maps], ''Journal Sentinel'', February 6, 2017.</ref>

==Contact==

'''Attorney General Office'''<br>

17 W Main Street PO Box 7857<br>

Madison, WI 53703-7857<br>

Phone: (608) 266-1221<br>

fax: (608) 267-2779<br>

'''Campaign Office'''<br>

P.O. Box 1567<br>

Brookfield, WI 53008<br>

DOJ Website: https://www.doj.state.wi.us<br>

Campaign Website: https://bradschimel.comv<br>

Facebook: https://www.facebook.com/bradschimel/I<br>

Twitter: https://twitter.com/WisDOJ?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthorn<br>

Instagram: https://www.instagram.com/wisdoj/

==References==

<references/>

===Resources===

[http://www.prwatch.org/news/2014/10/12649/dirty-energy-barons-go-bat-wi-ag-candidate-schimel Dirty Energy Barons Go to Bat for WI AG Candidate Schimel] October 2014.

[http://www.prwatch.org/news/2015/12/12995/brad-schimels-dirty-power-play Brad Schimel's Dirty Power Play] December 2015.

[http://host.madison.com/ct/opinion/column/mary-bottari-dark-money-group-that-backed-ag-schimel-is/article_0bd36fef-5db8-50f9-89c2-4de2bb552f68.html Mary Bottari: Dark money group that backed AG Schimel is in spotlight] June 2016.

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