Tuesday, May 21, 2024
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Tuesday, May 21, 2024

Milwaukee Press Club 'Excellence in Wisconsin Journalism' 2020 & 2021 Award Winners

Milwaukee Judge Ellen Brostrom: Liberal Justices Violated Constitution, Oaths

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By Ellen Brostrom

I am appalled. I have had the privilege of serving as a Milwaukee County Circuit Court Judge for 14 years. As judges, we take an oath to support the Constitution of the State of Wisconsin. The actions this week of Justices Ann Walsh Bradley, Rebecca Dallet, Jill Karofsky and Janet Protasiewicz of the Wisconsin Supreme Court violate that oath. Moreover, they are unbecoming to the office they hold, and they are disrespectful of their colleagues.

Our state constitution vests the Chief Justice with the administrative authority of the court, not four rogue justices acting through an ad hoc committee of their creation. When these four justices created this committee to usurp the power of the Chief Justice, they violated Article VII, section 4 of the Wisconsin Constitution.

Similarly, their “firing” this week of Director of State Courts, Randy Koschnick, was procedurally flawed, as it was not done by administrative conference noticed by the Chief Justice. And, indeed, it was not based on any failing by Judge Koschnick in fulfilling the duties of his office. These four justices are not free to override our state constitution and the administrative rules of our high court by ad hoc “committee.”

I am saddened by the actions of these four justices. They create doubt going forward that these four will follow the law, and they detract from the dignity of our high court. The beauty and genius of our nation is that we are a country of laws, not of men (or in this case women). This gives people confidence that their liberty and rights will not be encroached upon. This gives us stability and order. The four liberal justices’ actions this week reek of raw abuse of power, and undermine the confidence of the people of Wisconsin in our high court. As a member of the judiciary, I condemn these actions.

[Editor’s Note: Ellen Brostrom is a judge for Branch 6 of the Milwaukee County Circuit Court in Wisconsin. She assumed office in 2009. Her current term ends on August 1, 2027. She endorsed liberal Justice Janet Protasiewicz for Supreme Court last spring. She is the daughter of former conservative Chief Justice Pat Roggensack. She submitted this op-ed to WRN.]

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Prosecutors Rest Their Case Against Trump in Hush Money Trial

State prosecutors rested their case against former President Donald Trump on Monday, capping off four weeks of testimony from 20 witnesses.

The first-ever trial of a former President was one step closer to a conclusion after prosecutors concluded their case Monday. Next up: Trump's attorneys will get a chance to present their defense. The case centered around Trump's alleged sexual encounter with an adult film actress in 2006 and a $130,000 payment to her in 2016 to keep her quiet ahead of the 2016 election. Trump has pleaded not guilty and denied the encounter happened.

Prosecutors allege that Trump covered up the payment to Stormy Daniels and another hush money payment to former Playboy model Karen McDougal ahead of the election and covered them up as legal payments.

Trump, 77, is the first former U.S. president to be charged with a felony.

Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records related to money paid to Daniels and McDougal. Bragg has alleged Trump broke New York law when he falsified business records with the intent to commit or conceal another crime.

Prosecutors allege Trump falsified internal records kept by his company, hiding the true nature of payments that involve Daniels ($130,000), McDougal ($150,000), and Trump's former personal lawyer Michael Cohen ($420,000). Prosecutors allege the money was logged as legal expenses, not reimbursements. Both Cohen and Daniels testified during the trial.

Daniels detailed the alleged 2006 sexual encounter and testified she "blacked out." She also said Trump didn't wear a condom. Defense attorneys asked for a mistrial after that testimony, which they argued was prejudicial.

Judge Juan Merchan denied that motion and repeatedly fined Trump for his comments and social media activity outside of the courtroom. Merchan ordered Trump to pay a total of $10,000 for violations of the gag order.

The gag order remains in place. Trump, the nation's 45th president, is prohibited from making or directing others to make public statements about the jurors, witnesses, attorneys, court staff, district attorney staff and family members of staff.

It is not clear if Trump plans to take the stand in his own defense. He previously said he would take the stand if necessary.

Under New York state law, falsifying business records in the first degree is a Class E felony that carries a maximum sentence of four years in prison.

In late March, Trump said that he wasn't worried about a conviction when asked if he thought a conviction could hurt his chances of returning to the White House.

"It could also make me more popular because the people know it's a scam," he said. "It's a Biden trial, there is no trial, there's a Biden trial."

Whatever happens during the trial, Trump will be protected by the U.S. Secret Service.

Even if convicted and sentenced to jail, Trump could continue his campaign to retake the White House.

"The Constitution does not bar felons from serving as President," said Richard Hasen, professor of law and political science at the University of California, Los Angeles.

Trump could not pardon himself from any state charges, Hasen said.

Federal Scholarship Program Under Fire For Alleged Bias Against Conservatives

Lawmakers have threatened to revoke the appropriations for a federally-funded scholarship program that an audit found favors liberally leaning students over conservatives by a ratio of 10 to 1.

The Harry S. Truman Scholarship Foundation was established in the 1970s to award scholarships to students who “demonstrate outstanding potential for and who plan to pursue a career in public service.”

An audit of those scholarships performed by the right-leaning American Enterprise Institute, though, reported strong liberal bias at the taxpayer-funded foundation.

“While this role suggests these programs should include scholars who reflect a breadth of views, values, and interests, their participants instead display a stark ideological tilt,” AEI said in its report.

The foundation does have members of both parties on its board, including U.S. Rep. Kay Granger, R-Texas, and U.S. Sen. Jerry Moran, R-Kans.

Notably, President Joe Biden's Education Secretary Miguel Cardona also sits on the board.

House Republican lawmakers on leadership on the relevant committees sent a letter to foundation Executive Secretary Terry Babcock-Lumish demanding answers.

“Between 2021 and 2023, the Truman Foundation selected 182 Truman winners,” the letter said. “Yet, despite the Truman Foundation’s claims that it ‘supports scholars from a wide range of perspectives, interests, and geographic areas,’ just six recipients espoused interest in a cause traditionally considered conservative-leaning.

“Not a single winner professed interest in causes such as protecting the rights of the unborn or defending the Second Amendment,” the letter continued. “By contrast, the Foundation selected at least 74 winners professing interest in a progressive cause.”

The foundation awards about 60 scholarships every year.

“As a publicly funded award charged with preparing the civic leaders of tomorrow, the Truman Scholarship should, at a bare minimum, be reflective of the country’s breadth of values, viewpoints, and interests,” the letter said. “The Truman Foundation requested approximately $3 million in appropriations for the upcoming fiscal year. However, if the Truman Scholarship functions as a career booster solely for students of a particular political persuasion, it should no longer be worthy of Congressional support, taxpayer funding, or its exalted public image.”

Education and the Workforce Committee Chairwoman Virginia Foxx, R-N.C., Subcommittee on Higher Education and Workforce Development Chairman Burgess Owens, R-Utah., and Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Chairman Robert Aderholt, R-Ala., led the letter.

The foundation did not respond to a request for comment in time for publication.

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Wisconsin Lawmakers Push Questions About IDs For Illegal Immigrants, Voting

(The Center Square) – Some Wisconsin lawmakers are trying to calm fears about illegal immigrants getting IDs and voting in the state.

The Assembly Committee on Campaigns and Elections and the Senate Committee on Shared Revenue, Elections and Consumer Protection held a hearing Thursday with the Wisconsin Department of Transportation, some local election clerks and Fond du Lac County’s district attorney.

“We're not trying to get anybody into a bad spot here, or in a corner, or make accusations on that level,” Sen. Dan Knodl, R-Germantown, said. “We want our clerks, who are already stressed enough, to know that we are here to be there as an assist to them.”

Rep. Scott Krug, R-Nekoosa, said he wants to make sure voters have faith in Wisconsin’s electoral process.

“This is one of the topics that hit our inboxes quite a bit the last three months or so,” Krug added. “We thought it’s pretty important just to vet it out, to get all the information out to the public.”

The Wisconsin Elections Commission was invited to Thursday’s meeting but didn’t attend because commissioners were having a meeting of their own. But that left lawmakers’ questions unanswered.

Wis-DOT Deputy Secretary Kristina Boardman said Wisconsin is known as a strict voter ID state.

“I want to make very clear that Wis-DOT is required to provide free identification cards for U.S. citizens that request them for the purposes of voting, and that to be eligible for that free identification card one must be a U.S. citizen and at least 17 years of age,” Boardman said. “Wis-DOT staff do not determine voter eligibility or register anyone to vote. Someone who has a Wisconsin ID or a driver's license is eligible to register to vote online, and that information will be confirmed with Wisconsin DMV systems to ensure that the information entered for voter registration is consistent with the DMV's records

Boardman said in Wisconsin, less than a fraction of one percent of ID requests are fraudulent.

“We put together [a] case activity report, assemble all of the documentation that we have, we have the investigator that had the case pull that together, and we do refer that to law enforcement so that they can take whatever action is appropriate,” Boardman added. “We note what statutes we believe may have been violated. And then it's up to law enforcement to take action.”

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Senate Republicans Override Evers’ Vetoes

(The Center Square) – On Tuesday, the Republican-controlled Wisconsin Senate voted to override nine vetoes from Gov. Tony Evers, including the vetoes that scuttled PFAS clean-up money, millions of dollars that were earmarked for hospitals in Eau Claire and Chippewa Falls and a plan that would allow advanced practice registered nurses to work more independently.

“The legislature has passed hundreds of bills to solve problems facing Wisconsin businesses and families. Most of these bills were signed into law, but many were vetoed by a governor more focused on politics than policies that help everyday Wisconsinites,” Senate Majority Leader Devin LeMahieu said Tuesday. “Overriding the governor’s obstructive vetoes is the last, best way to address these critical issues.”

The override votes came one day after Evers sued the legislature over nearly $200 million that is attached to some of his vetoes.

Most of that money is the $125 million that’s supposed to go toward PFAS clean up in Wisconsin.

“For the fifth time this legislative session, I voted to provide Wisconsin families with the largest investment in clean drinking water in state history – five more times than every Democrat legislator in this state combined. The bill that Gov. Evers vetoed (SB 312) would have created a grant program that targets this critical funding to areas of the state most heavily impacted by PFAS contamination while protecting innocent landowners from financial ruin,” Sen Duey Stroebel, R-Cedarburg, said.

Evers has accused the legislature’s budget-writing Joint Finance Committee of obstructing his plans to clean up Wisconsin’s drinking water, and of delaying his other actions across the state.

LeMahieu said Evers is simply playing the game.

“While Gov. Evers plays politics, the legislature will continue to do the right thing on behalf of the people of our state,” LeMahieu added.

Senate Democrats responded with game-playing accusations of their own.

“Coming in to do all these veto overrides was clearly a stunt to try to appeal to voters ahead of the fall election,” Den. Mark Spreitzer, D-Beloit, said. “Clearly Republicans were hearing from things in their district and wanted political cover. I don't think they got political cover today. I think what they got was people realizing just how afraid they are.”

But Tuesday’s veto overrides are largely symbolic.

While Republicans in the Wisconsin Senate have a veto-proof majority, Republicans in the Wisconsin Assembly do not.

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Trump Holds Lead Over Biden Heading Toward November

With less than half a year until the 2024 presidential election, former President Donald Trump holds a sizable lead over incumbent President Joe Biden in several swing states.

While the overall national polling varies and shows a tighter race, Trump holds significant leads in several swing states.

According to Real Clear Politics, Trump leads in a slew of key battleground states like Arizona (+5.2), Georgia (+4.6), Michigan (+0.8), Nevada (+6.2), North Carolina (+5.4), Pennsylvania (+2.0), and Wisconsin (+0.6).

Other polling has shown Trump with a dominant lead in the Sun Belt while performing less well against Biden in some rust belt swing states.

“As the old saying goes, good gets better and bad gets worse, and it’s clear President Biden is in bad shape right now,” Colin Reed, a Republican strategist, former campaign manager for U.S. Sen. Scott Brown, R-Mass., and co-founder of South and Hill Strategies, told The Center Square. “Five and a half months is an eternity in politics, and there’s theoretically still time to right the ship, but it’s getting late early for the president, especially when Father Time remains undefeated and doubts about his age continue to grow. “

According to the Real Clear Politics’ national polling average, Trump leads Biden 46.1% to 44.9%.

A New York Times poll released this week showed leads for Trump in Arizona, Georgia, Michigan, Nevada and Pennsylvania but slightly trailing Biden in Wisconsin, raising concerns among supporters.

Trump’s lead has been in large part fueled by minority voters flocking to his side.

Meanwhile, Biden’s approval rating has plummeted since taking office. While that is not unusual for incumbents, Biden’s approval is lower than recent presidents.

Gallup recently released polling data showing that in the 13th quarter of Biden’s presidency, he averaged a 38.7% approval rating, worse than Trump at the same time in his term.

“None of the other nine presidents elected to their first term since Dwight Eisenhower had a lower 13th-quarter average than Biden,” Gallup said.

Axios reported this week that Biden and his team think the polls don’t represent Americans’ actual feelings and that the president’s position is strong.

“They're still 50% (well 45%) to win, per betting markets,” pollster Nate Silver wrote on X. “But Biden has been behind Trump in polls for a year now. His approval is in the tank, and voters have been clear they think he's too old. If Trump wins, history will not remember Biden kindly.”

Meanwhile, Trump spends valuable campaign time in a series of court appearances for his myriad of federal prosecution court dates.

“I’m under a gag order,” Trump told reporters after a court appearance Tuesday. “Nobody has actually seen anything like it ... I'm beating him in every poll and I have a gag order, so I think it's totally unconstitutional."

Republicans have blasted Biden for Trump’s prosecution, accusing Biden of using the Justice Department against his political opponent.

“Despite Far Left Democrats’ illegal election interference, President Trump is beating Joe Biden in the polls!” Rep. Elise Stefanik, R-N.Y., wrote on X Tuesday. “Voters see right through the sham Biden Trials and know President Trump is the best choice for president.”

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