Tuesday, April 23, 2024
Tuesday, April 23, 2024

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NOT CHARGED: Milwaukee County DA Refused to Charge Cop Accused of Sexual Assault, Drugs


“We had a strong case we felt needed to be referred, and we referred it, and ultimately it was no processed,” -St. Francis police Lt. Jeremy Harcus

This is the third chapter in Wisconsin Right Now’s new investigative series – the “No Process Files” – exploring the Milwaukee County DA’s high percentage of non prosecuted cases. If you would like us to feature a case from that or another county, email [email protected]. You will remain anonymous.

Milwaukee County DA John Chisholm’s office refused to prosecute Ayotunde Bello, a former Milwaukee police officer who was fired after very disturbing accusations that he sexually assaulted a female motorist a few hours after meeting her on duty in a traffic stop. Bello, who had a checkered history even before joining the force, was also accused of stealing drugs from her.

Chisholm’s refusal to bring criminal charges came despite the fact that Ayotunde Bello admitted in a Fire and Police Commission disciplinary hearing to having sexual intercourse with the woman a few hours after initiating a traffic stop against her (he claimed it was consensual; she said it was rape), FPC records show. St. Francis police also found marijuana in his apartment, reports say. The accuser was a 40-year-old black female described only as S.R.

The records include a text message. At 11 p.m., while still on duty, Bello allegedly began calling and texting S.R. At 11:27 p.m., he allegedly texted, “Hey baby… We still on for tonight…Wya?”

The Fire and Police Commission decision, which upheld then-Police Chief Alfonso Morales’ firing of Ayotunde Bello last fall, adds, “the chief found that Officer Bello had forced the female driver to have sexual intercourse with him and had taken possession of her marijuana, all in violation of Wisconsin statute, second-degree sexual assault, misconduct in public office, city ordinance, possession of marijuana.”

Ayotunde bello
Part of the fpc decision into bello

“Officer Bello’s conduct warrants discharge because the Chief must ensure that women stopped by MPD officers will not become the targets of sexual advances,” the Fire and Police Commission decision upholding his termination says.

St. Francis police thought Bello committed crimes also. That department referred charges to Chisholm’s office for second-degree sexual assault and misconduct in public office in October 2019 against Bello. The District Attorney’s office delayed. And delayed. And delayed – for almost a year.

When the decision finally came? NOT CHARGED. With anything.

It’s all part of a pattern: Chisholm’s office refused to prosecute about 60% of the cases brought over for charges by local police departments last year, including felony cases. His no process numbers spiked in 2020, Wisconsin Right Now previously reported. Since then, the DA’s office has rejected multiple open records requests from Wisconsin Right Now seeking examples of non-processed cases. Our tip on the Bello case did not come from a police agency. [If you want to give us a tip about a case the DA didn’t prosecute, email [email protected]. You can stay anonymous.]

We asked Chisholm’s office what happened to the Ayotunde Bello case; the case received some significant news coverage at the time of the former officer’s arrest and when Bello was fired from the department last fall, but there were never any news stories following up on the charging end. This is the first time it’s been publicly revealed that Bello never faced criminal prosecution.

“The matter was ‘no processed’ in October 2020 because there wasn’t sufficient evidence to corroborate the allegations beyond a reasonable doubt,” Deputy DA Kent Lovern, Chisholm’s spokesman, told us in an email on April 14, 2021.

What do the police say? We reached out to St. Francis police to ask.

“We had a strong case we felt needed to be referred, and we referred it, and ultimately it was no processed,” St. Francis police Lt. Jeremy Harcus told Wisconsin Right Now.

Although the DA didn’t think there was strong enough evidence to issue charges, then- Police Chief Morales and a three-member panel of the Fire and Police Commission felt there was enough evidence of wrongdoing to remove Bello from the Milwaukee Police Department.

Morales fired Bello from the department in September 2020, and the Fire and Police Commission agreed. However, the Commission was responsible for Bello’s hire in the first place, and it wasn’t without controversy.

The department didn’t want to hire Ayotunde Bello in the first place because he had a 2011 theft conviction before being hired as a Milwaukee police officer, but the Fire and Police Commission ordered the department to hire him, according to a Journal Sentinel story that focused on scrutinizing the police. He was also accused of cheating on a recruit test, JS reported; then MPD Assistant Chief Raymond Banks received a recommendation to fire Bello when he was a probationary employee but those allegations were not sustained. The paper and other media never reported that Chisholm didn’t issue criminal charges.

The sexual assault allegation out of St. Francis was an extremely serious matter: An officer accused of misusing his authority to rape a woman he met on duty.

The Fire and Police Commission held a hearing on the case in August 2020. “The chief found that Officer Bello stopped a female driver for unsafe lane deviation. Rather than give her traffic tickets he had prepared, he obtained her telephone number and then called and texted her to invite her to his apartment, where they engaged in sexual intercourse. For this violation, the Chief ordered Officer Bello discharged from the Department,” the decision says.

Ayotunde bello
John chisholm

At that time, the case remained pending in the DA’s office. In sexual assault cases, waiting so long to make a decision can compound the ability to prosecute a case as memories fade and witnesses can disappear. We don’t know if that’s the case here because the DA’s office wasn’t more specific about any evidentiary problems it saw. We would note, though, that, even if the office didn’t think it could prove the sexual assault, police were also seeking a charge of misconduct in public office. (We reached out to the attorney who represented Bello before the FPC for comment from the lawyer or Bello himself and will add comment into this story if it’s received.)

St. Francis police expedited their handling of the case.

“We took it down and had it reviewed (by the DA’s office),” said Lt. Harcus, who we called to seek an explanation about what happened with the case. He said that the department sought the charges on October 28, 2019, only six days after Bello was arrested.

Harcus said police presented the case to the sensitive crimes unit. “It appears it was no processed on Oct. 9, 2020,” he said. “It was pended for a long time.”

According to Harcus, police do their “best at presenting the case. Then after that, we do whatever follow-up is requested. The decision (not to charge) is not mine.”

He said the case was initially presented to an assistant DA, but he’s not sure who decided not to prosecute it (although we would note that, as the elected DA in charge of the office, the decision is ultimately Chisholm’s.)

“The detective checked several times, and it was pended and ultimately no processed,” he said. The police lieutenant said that police began to investigate the “reported sexual assault” the day it was reported in 2019 and “we made the arrest on the same night.”

Asked if police felt the case was strong enough for charges, he said police “obviously feel” every case they refer is strong enough for a charge. “We don’t refer just to refer.”

What are the elements for a misconduct in public office charge?

“Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer’s or employee’s office or employment within the time or in the manner required by law,” is one.

“In the officer’s or employee’s capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer’s or employee’s lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer’s or employee’s official capacity,” says another possible element of the offense.

Another element: “Whether by act of commission or omission, in the officer’s or employee’s capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer’s or employee’s office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another.” See more here.

What the Allegations Said

The FPC report says that Ayotunde Bello entered the police academy in 2017. Sixteen months after starting recruit training, the allegations occurred.

On Oct. 21, 2019, Ayotunde Bello and another officer were assigned to a squad for a violent crimes-safe street initiative. They stopped a vehicle along West Lisbon Avenue that had unsafely cut in front of them, the report says.

The driver was S.R., a 40-year-old black female.

The system recorded that citations were issued to her for operating while suspended, operating a motor vehicle without insurance, operating after revocation/suspension of vehicle registration, and unsafe lane deviation.

The dispatch record indicated that four citations were issued.

Bello’s body camera recorded 22.01 minutes of the 57-minute traffic stop. He didn’t record the initial approach and turned the camera off again before approaching the vehicle to give the driver citations. Thus, the five-minute conversation between Bellow and S.R. was not recorded, says the FPC decision.

The squad camera “recorded him placing the citations in his pants’ cargo pockets rather than giving them to S.R… he obtained S.R.’s telephone number and wrote the number on one of the citations,” alleges the FPC report.

Ayotunde Bello claimed he put the citations into his pocket because he intended to mail them because he had forgotten to fill out the probable cause portion. But the report says officers have up to 10 days to enter that information so there was no reason for him to not give her the citations.

Even though she was not legally authorized to drive with a suspended license and unregistered vehicle, Bello allowed the woman to continue driving, the report says.

This occurred at 8:37 p.m.

They talked on the phone and met at McDonald’s at 1 a.m., and she followed him in her car to his apartment.

Ayotunde bello
Part of the bello fpc decision

“What occurred between Officer Bello and S.R. in his apartment is in dispute,” the report states. “He maintains that they had consensual sexual contact and intercourse. She claims he forced himself on her and sexually assaulted her. She maintains he stole marijuana and money from her purse. He maintains he took the marijuana because it was an illegal substance. He intended to turn it in to the Department for disposal when he returned to work. He denies he took anything else.”

She alleged he took marijuana and money from her purse and called the St. Francis Police Department after she left the apartment, telling them Bello sexually assaulted her and stole money and other items from her purse.

Ayotunde Bello Arrested

Ayotunde Bello was arrested on Oct. 22, 2019, the same day she made the report. Police searched his apartment with his consent and found the four citations, with her telephone number written at the top of one.  They also found Department of Transportation records relating to her vehicle and license and two bags of marijuana wrapped inside a paper towel, the report says.

Bello claimed he couldn’t turn the marijuana over to the department on his next workday because he was arrested on his off day, says the report.

Ayotunde Bello, by his attorney, did not contest either the body camera rule violation or violation of the rule that requires all members whether on or off duty not to behave in such a way as to bring discredit on the department, says the report. He contested that he violated state and local laws, and also contested the discipline.

The commission sustained the first two charges but did “not sustain the discipline of Officer Bello for failure to obey state and local laws.” At that time, the case was still pending in Chisholm’s office.

The accusation of bringing discredit upon the department was established by the fact that he “called and texted SR within two hours after leaving the scene, that he took her to his apartment and engaged in sexual intercourse within four hours after last seeing her on the scene…Bello’s reason for not giving her the traffic citations… is not credible,” the FPC found.

The sole evidence of sexual assault at the FPC hearing was S.R.’s statements to St. Francis police and MPD Sgt. Debbie Allen. “The record contains no credible evidence that corroborates her allegations,” the report states.

Her statement was recorded, with the audio played at the hearing. She did not testify at the hearing, although it’s not clear why.

Ayotunde bello
Ayotunde bello fpc decision

Ayotunde Bello’s attorney’s questioning of Sgt. Allen raised a number of “inconsistencies and contradictions in S.R.’s statements,” claims the report, which indicates S.R.’s comments were not under oath or subject to cross-examination.

The FPC wrote that they also could not conclude Ayotunde Bello took the marijuana for his own use.

The Commissioners hearing the case were Steven DeVougas, Angela McKenzie, and Nelson Soler.

But the commission found: “Officer Bello, at the very least, turned a traffic stop into an opportunity for a sexual adventure. He tried to conceal his misconduct by turning off his body worn cameras… He put the citations in his pocket… within a few hours, he was engaging in sexual intercourse with S.R.”

-This story was published on April 14, 2021.

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Prosecutors Begin Laying Out Case Against Trump to Jury

Federal prosecutors on Monday began laying out what they say is election fraud in 2016 by former President Donald Trump.

Trump, 77, is the first former U.S. president to be charged with a felony. Prosecutors and defense attorneys presented their opening statements to the jury of five women and seven men.

Prosecutors said Trump corrupted the 2016 election, The Hill reported on Monday.

"This case is about a criminal conspiracy and a cover-up," Manhattan prosecutor Matthew Colangelo said. "The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 election, then covered it up."

Trump will spend four days a week in court in New York for the next six to eight weeks on state charges that he disguised hush money payments to two women as legal expenses during the 2016 election. Judge Juan Merchan has not scheduled trial days on Wednesdays.

On Monday, his defense attorneys said he had done nothing wrong.

"President Trump is innocent," Trump attorney Todd Blanche told the jury. "He did not commit any crimes. The Manhattan district attorney's office should never have brought this case."

Trump pleaded not guilty in April 2023 to 34 felony counts of falsifying business records.

Merchan's gag order remains in place, ordered last month before the trial began. Trump, the nation's 45th president, is prohibited from making or directing others to make public statements about witnesses concerning their potential participation or about counsel in the case or about court staff, district attorney staff or family members of staff.

Prosecutors said Trump's $130,000 payment to adult film actress Stormy Daniels was falsely covered up as a business expense, that the money was to help keep her quiet. Prosecutors say they had a sexual encounter.

Prosecutors also said Trump paid Karen McDougal, a Playboy magazine "Playmate," and reimbursed then attorney and fixer Michael Cohen to cover it up.

"This was a planned, coordinated, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures to silence people who had something bad to say about his behavior," Colangelo said. "It was election fraud, pure and simple."

Reuters reported that Blanche countered that Manhattan District Attorney Alvin Bragg should have never brought the case to trial.

"There's nothing wrong with trying to influence an election" Blanche said. "It's called democracy. They put something sinister on this idea, as if it's a crime."

Prosecutors say 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 say the money was logged as legal expenses, not reimbursements. In a reversal of past close relationships now pivotal to the prosecution against him, both Cohen and Daniels are expected to testify.

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.

Even if convicted and sentenced to jail, Trump could continue his campaign to return to the White House. He's facing the Democratic incumbent who ousted him in 2020, 81-year-old President Joe Biden.

Trump faces 88 felony charges spread across four cases in Florida, Georgia, New York and Washington.Trump has said the criminal and civil trials he faces are designed to keep him from winning the 2024 rematch versus Biden.

Waukesha County DA Declines Charges in Brandtjen Campaign Finance Case

(The Center Square) – Another local prosecutor declined to bring charges against a Republican state lawmaker in a campaign funding raising case.

Waukesha County’s District Attorney Sue Opper said she would not file charges against state Rep. Janel Brandtjen. But Opper said she is not clearing Brandtjen in the case.

“I am simply concluding that I cannot prove charges against her. While the intercepted communications, such as audio recordings may be compelling in the court of public opinion, they are not in a court of law,” Opper said.

Wisconsin’s Ethics Commission suggested charges against Brandtjen and a handful of others in a case that investigators say saw them move money around to allegedly skirt Wisconsin’s limits on campaign donations.

Opper said the Ethics Commission investigation was based on “reasonable suspicion and then probable cause.” But she added that those “burdens are substantially lower than proof beyond a reasonable doubt which is necessary for a criminal conviction.”

Opper said the Ethic Commission could pursue a civil case against Brandtjen and the others. She also opened the door to other investigations.

“This decision does not clear Rep. Brandtjen of any wrongdoing, there is just not enough evidence to move forward to let a factfinder decide,” Opper said.

She’s the fourth local prosecutor in the state to decide against filing charges.

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Brad Schimel Says He Won’t Repeat Mistakes of Last Supreme Court Race

(The Center Square) – Judge Brad Schmiel says he’s not going to repeat the mistakes of the last supreme court race in Wisconsin.

Schimel told News Talk 1130 WISN’s Jay Weber he isn’t going to politicize the race like liberal Justice Janet Protasiewicz, and he’s not going to ignore his campaign like former conservative Justice Dan Kelly.

Schimel said he can run for the court next year without injecting Republican politics into the court.

“I've had plenty of people on our side that suggested ‘Brad, you just got to do the same.’ No. I cannot do that,” Schimel said. “We still have to respect the rule of law. We still have to respect the Constitution. We still have to respect judicial ethics. I'm not going to go out and promise people what I'm going to do. But I will promise people that they can look at my record, and they know that I've done the right thing. That I have put the law above politics. I put the law above my own personal opinions.”

Republicans roundly criticized Protasiewicz for her comments about abortion and Wisconsin’s state legislative maps during the 2023 campaign.

Republicans also roundly criticized former Justice Dan Kelly, who lost to Protasiewicz, for his perceived lack of campaigning.

“We couldn’t have put a brighter, more reliable conservative on the Wisconsin Supreme Court than Dan Kelly,” Schmiel added. “But, with the campaign there were some mistakes that were made.”

Chief among them, Schimel said, was Kelly’s decision to reject money from the Wisconsin Republican Party that could have gone toward TV ads.

Schimel said that left Kelly at a huge disadvantage.

“Janet Protasiewicz took almost $10 million from the state [Democratic] Party. Dan took the money too late. He realized ‘Oh my gosh, I'm going to get burned on this.’ By the time he took it the best ad buys were gone, and he wasn't able to spend the money effectively,” Schimel said. “He spent $585,000 on TV. That was what his campaign spent. Janet Protasiewicz’s campaign spent $10.5 million. When you are out-spent 20-to-one on TV, you better just start writing your concession speech.”

Schmiel vowed not to be outspent this time around.

“I have made it clear. I will take all legal, ethical contributions to my campaign because we have to win,” Schimel said. “Because we have to stop standing on this hill of principle that we end up dying on.”

Defund NPR

Multiple Bills Introduced in Congress to Defund NPR

Several U.S. House Republicans introduced multiple pieces of legislation to defund National Public Radio following new allegations of “leftist propaganda” from the taxpayer-funded news source.

House Freedom Caucus Chair Bob Good, R-Va., Rep. Jim Banks, R-Ind., and Rep. Claudia Tenney, R-N.Y., introduced similar legislation to prohibit federal funding for NPR, including barring local public radio stations from utilizing money from federal grants to “purchase content or pay dues to NPR.”

Over the years, Republicans have made multiple attempts to defund NPR, citing similar complaints. The latest outrage follows an editorial from former NPR Editor Uri Berliner, who criticized the news source claiming it had "lost America's trust."

Berliner criticized NPR’s coverage of alleged Russian interference in the 2016 presidential election, the COVID-19 lab leak theory and of Hunter Biden's abandoned laptop as examples of the outlet’s left-leaning bias. He described “the most damaging development at NPR: the absence of viewpoint diversity.”

Banks took aim at NPR’s new Chief Executive Officer Katherine Maher, who has expressed criticism of the First Amendment in efforts to combat “misinformation.”

“NPR’s new CEO is a radical, left-wing activist who doesn’t believe in free speech or objective journalism. Hoosiers shouldn’t be writing her paychecks. Katherine Maher isn’t qualified to teach an introductory journalism class, much less capable of responsibly spending millions of American tax dollars,” said Banks.

The Indiana congressman continued by describing the news outlet as a “liberal looney bin” under prior leadership, drawing attention to a systemic problem.

“It’s time to pull the plug on this national embarrassment. Congress must stop spending other people’s hard-earned money on low grade propaganda,” Banks lamented.

Good was a bit more reserved in his take-down of the news outlet.

“It is bad enough that so many media outlets push their slanted views instead of reporting the news, but it is even more egregious for hardworking taxpayers to be forced to pay for it. National Public Radio has a track record of promoting anti-American narratives on the taxpayer dime,” Good said in a news release. “My legislation would ensure no taxpayer dollars are used to fund the woke, leftist propaganda of National Public Radio.”

Tenney, a former newspaper owner and publisher, accused NPR of using taxpayer funds to “manipulate” and promote a political agenda controlled by “left-wing activists.”

"I understand the importance of non-partisan, balanced media coverage, and have seen first-hand the left-wing bias in our news media. These disturbing reports out of NPR confirm what many have known for a long time: NPR is using American taxpayer dollars to manipulate the news and lie to the American people on behalf of a political agenda. It’s past time the American people stop footing the bill for NPR, and the partisan, left-wing activists that control it," Tenney said in a news release.

The lawmakers cited the political make-up of the NPR’s D.C. news team, which they say includes 87 registered Democrats and no registered Republicans.

The Center Square uncovered records showing that Maher exclusively donated to Democratic political candidates before her role at NPR. Her largest donation of $1,500 was given to Virginia Congressman Tom Perriello in 2017, and most frequently donated to Virginia state Sen. Jennifer Carroll Foy, in the amounts of $25 over nine times.

Good underscored the original purpose for the publicly funded news outlet, which he says was “created to be an educational news source and to ‘speak with many voices.’” He added that NPR has now become “a primary outlet for advancing biased and radical media coverage of political and social issues.”

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Rep. Janel Brandtjen: Threats to WEC Chief Don’t Help

(The Center Square) – One of the biggest critics of Wisconsin’s election administrator says no one should be threatening her and says threats don’t help fix election integrity issues.

State Rep. Janel Brandtjen, R-Menomonee Falls, on Tuesday offered her thoughts after the Wisconsin Elections Commission confirmed elections administrator Meagan Wolfe is receiving extra security protection.

"Threatening Administrator Meagan Wolfe, or any election official, is unacceptable and counterproductive. Venting frustrations on individuals like Wolfe, clerks, or poll workers is not only illegal but also harmful to rebuilding trust in our elections,” Brandtjen said. “Threats only undermine our republic and empower the courts and media. It's essential to address any concerns about election processes through legal channels. Threats have no place in our democracy.”

Brandtjen has been one of Wisconsin’s loudest critics of Wolfe. She led hearings as far back as 2021 into Wolfe’s role in the 2020 election. Brandtjen also led the push to get Wolfe removed from the Elections Commission.

“Wolfe’s term has indeed expired, and according to Wisconsin Statutes 15.61(1)(b)1, she should be removed, but Republicans are too worried about the press or too compromised to follow existing law.” Brandtjen said.

The Wisconsin Elections Commission on Monday clarified that Wolfe is receiving extra security but refused to offer any details.

“The Wisconsin Elections Commission has had productive conversations about safety and security with state leadership, including the governor’s office, which is tasked with approving security measures for state government officials,” WEC spokesperson Riley Vetterkind said in a statement. “Those conversations have resulted in additional security measures being approved for Administrator Wolfe and the WEC when the need arises.”

Brandtjen on Tuesday blamed Wisconsin Republicans, and once again blamed Assembly Speaker Robin Vos, for Wolfe’s continued time on the Elections Commission.

“It's disappointing that Sen. Dan Knodl and Rep. Scott Krug, chairs of the election committees, have not exercised their investigative and subpoena powers. This inaction has allowed the neglect of essential laws, such as providing ballots to individuals declared incompetent, lack of checks in military ballot requests, an insecure online system, and improper guidance on voting for homeless individuals without proper documentation,” she said. “The Legislature, particularly Speaker Vos' control, is responsible for the frustration caused by election irregularities due to their inaction.”

Wisconsin’s local election managers have reported an uptick in threats and angry rhetoric since the 2020 election, and some local election offices have taken extra precautions. But there haven’t been any cases in Wisconsin where someone has acted on an election threat.

Wisconsin’s Largest Business Group Sues Over Evers’ 400-year School Funding Veto

(The Center Square) – There is now a legal challenge to Gov. Tony Evers’ 400-year school funding veto.

The WMC Litigation Center on Monday asked the Wisconsin Supreme Court to take up their challenge to the governor’s summer veto that increased per-pupil funding for the next four centuries.

“At issue is Gov. Evers’ use of the so-called ‘Vanna White’ or ‘pick-a-letter’ veto,” the group said in a statement. “The governor creatively eliminated specific numbers in a portion of the budget bill that was meant to increase the property tax levy limit for school districts in the 2023-24 and 2024-25 fiscal years. By striking individual digits, the levy limit would instead be increased from the years 2023 to 2425 – or four centuries into the future.”

The WMC Litigation Center is an affiliate of Wisconsin Manufactures & Commerce (WMC), the combined state chamber and manufacturers’ association.

Litigation Center Executive Director Scott Rosenow said while Wisconsin’s governor has an incredibly powerful veto pen, there are limits.

“No Wisconsin governor has the authority to strike individual letters or digits to form a new word or number, except when reducing appropriations,” Rosenow said. “This action is not only unconstitutional on its face, but it is undemocratic because this specific partial veto allows school districts to raise property taxes for the next 400 years without voter approval.”

Wisconsin lawmakers and voters approved a constitutional amendment in 1990 that put limits on the governor’s veto power.

Rosenow and the WMC Litigation Center say the governor’s veto goes beyond those limits.

The legal challenge also raises the constitutional issue that all state spending has to originate with, and be approved by, the legislature.

“In no uncertain terms, 402 years is not less than or part of the two-year duration approved by the Legislature – it is far more,” concluded Rosenow. “The governor overstepped his authority with this partial veto, at the expense of taxpayers, and we believe oversight by the Court is necessary.”

The WMC Litigation Center is asking the Wisconsin Supreme Court to take the case as quickly as possible.

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Trump's First Criminal Trial

Five Key Questions Ahead of Trump’s First Criminal Trial

Jury selection is set to begin Monday in the first-ever criminal trial of a former U.S. president.

Former President Donald Trump has pleaded not guilty to 34 felony counts related to charges he paid hush money to adult film actress Stormy Daniels through a lawyer and covered it up as a legal expense before being elected president.

Trump has attempted to delay the start of the New York state trial several times, including three longshot tactics judges rejected this week.

What charges does Trump face in the New York hush money case?

Manhattan District Attorney Alvin Bragg has charged Trump with 34 counts of falsifying business records related to money paid to Daniels and another woman, former Playboy model Karen McDougal. Bragg has alleged Trump broke New York law when he falsified 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 are expected to testify.

Cohen is expected to be a key witness in the trial. Daniels has said she expects to testify.

Former Manhattan District Attorney Cyrus Vance Jr., Bragg's predecessor, did not bring the case to trial.

What happens on Monday?

Prosecutors, defense attorneys and Donald Trump are expected to be present when the trial before Judge Juan Merchan gets started Monday. The first step will be picking a jury, a process that could take a week or more depending on how things progress. The trial is expected to last six to eight weeks.

Prosecutors and defense attorneys will select 12 jurors and six alternates from a pool of potentially hundreds of people. Each juror will answer 42 questions designed to determine if they can be impartial in the high-profile trial of a polarizing former president. The jurors will remain anonymous because of security concerns.

Once a jury is seated, it's on to opening statements where prosecutors and defense attorneys will get to address the jury about what they plan to show during the trial.

What is Trump's defense to the charges?

Trump has maintained he did nothing wrong and has accused Bragg of bringing a politically motivated case involving conduct in 2016 during a presidential election year as Trump faces incumbent Joe Biden in a rematch of the 2020 election.

Trump has spoken out against the judge, the district attorney and other involved in the case repeatedly. Trump's comments prompted a gag order from the judge who said Trump can't talk publicly about certain people involved in the case and their families.

"The White House Thugs should not be allowed to have these dangerous and unfair Biden Trials during my campaign for President. All of them, civil and criminal, could have been brought more than three years ago. It is an illegal attack on a Political Opponent. It is Communism at its worst, and Election Interference at its Best. No such thing has ever happened in our Country before," Trump wrote on his social media platform Truth Social this week. "On Monday I will be forced to sit, GAGGED, before a HIGHLY CONFLICTED & CORRUPT JUDGE, whose hatred for me has no bounds. All of these New York and D.C. 'Judges' and Prosecutors have the same MINDSET. Nobody but this Soros Prosecutor, Alvin Bragg, wanted to take this ridiculous case. All legal scholars say it is a sham. BIDEN'S DOJ IS RUNNING THE CASE. Just think of it, these animals want to put the former President of the United States (who got more votes than any sitting President!), & the PARTY'S REPUBLICAN CANDIDATE, IN JAIL, for doing absolutely nothing wrong. It is a RUSH TO THE FINISH. SO UNFAIR!"

Will Trump take the stand?

That's not clear yet. Trump said last month that he'd be willing to testify at trial if needed.

Could Trump go to jail?

It's too earlier to tell what will happen if Trump is convicted. 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.

Trump's age and lack of any prior criminal convictions could work in his favor at sentencing if he's convicted. His attacks on the judge could have the opposite effect at sentencing. Before sentencing, the judge would look at sentencing guidelines, recommendations from prosecutors and any other pre-sentence reports.

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 re-take 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.