How the satirists will outdo reality I can’t say, but Governor Walker is now accusing the Wisconsin Democrats of holding secret telephone calls with special interests.
Meanwhile, the Democrats have filed an ethics complaint for the faux Koch call conversation. The basis for the complaint from TPM:
The complaint — which was also posted earlier by Greg Sargent — alleges that several violations of the law occurred on the call: That Walker attempted to coordinate third-party campaign spending, when he told “Koch” that there would need to be messaging in support of Republicans in tough districts; That he illegally used state facilities, the phone in his office, to commit said coordination; That he conspired to incite disorderly conduct when he said he had considered planting troublemakers among the protesters; That he misused the Attorney General’s office in seeking advice on ways to trick the Democrats to come back; That he violated labor laws by saying he would use threats of layoffs of state workers in an effort to pass the bill; And that he accepted a trip to California when offered by “Koch.”
I don’t think you can be nailed for “conspiracy” on something you merely “considered,” but the use 0f state phones for attempted coordination could stick.
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March 7, 2011 at 3:07 pm
Anonymous
I wonder how this is going to end.
March 7, 2011 at 3:27 pm
Dave
I love irony.
The Dems are filing an “ethics complaint” despite the fact that the phone call they’re using as an example resulted from trickery and (yes) unethical means to get the desired information by pretending to be someone else (identity theft?).
Don’t confuse this comment as support for that moron Walker. That’s not my point.
I just like to look at both sides of things.
March 7, 2011 at 3:38 pm
Eric Kirk
But they didn’t employ the trickery. It was a blogger who did it, who holds no public office.
March 7, 2011 at 3:42 pm
Plain Jane
This is a little reminiscent of the ACORN pimp scandal. Let’s hope it’s as successful.
March 7, 2011 at 3:53 pm
Dave
Oh…I see. Using third party information obtained by a Blogger who supports the Democratic Party (and who will do or say anything to attack the Republican Party) is ethical.
Hmmmmm…this is kinda hard for me to understand Kirk.
I still see the pot calling the kettle black.
March 7, 2011 at 4:08 pm
Eric Kirk
Oh…I see. Using third party information obtained by a Blogger who supports the Democratic Party (and who will do or say anything to attack the Republican Party) is ethical.
Hmmmmm…this is kinda hard for me to understand Kirk.
Well, I’m not sure why you don’t understand. First of all, I don’t know who the blogger supports, Democrats or otherwise. My impression is that he’s more of a Green Party supporter. But I’m not certain how that is relevant.
Secondly, whether it was “ethical” to make the call under false pretenses is a separate question. If Walker had revealed a murder he had committed, would it be unethical to make a complaint? The Democrats may or may not have supported the blogger’s acts, but once they become aware of corruption in government, they are actually bound to do something about it as they took an oath to protect the Constitution and the law. As long as they were not unethical in obtaining the information, and really, even if they were, the point is the same: Governor Walker revealed that he is a corrupt pol with specificity. So what you’re saying is that he should be allowed to skate free because, gosh, that blogger wasn’t nice to him and we should feel sorry for him?
Sorry. But the fact that he is willing to break the law to kiss up to a campaign donor is really a bigger concern than the questionable acts of a blogger.
Lastly, was the blogger really unethical? Journalists and undercover cops have gone much further to obtain information.
March 7, 2011 at 4:09 pm
Eric Kirk
This is a little reminiscent of the ACORN pimp scandal. Let’s hope it’s as successful.
A little PJ. The biggest difference is that the blogger did not doctor the recording afterward.
March 7, 2011 at 4:29 pm
Dave
I don’t think Walker should “walk free” as he is a corrupt pol (no arguement there). His current actions have already demonstrated his agenda to crush unions and anyone following his rise in politics knows he been a lacky of the Koch brothers since they threw money his way.
I can’t think of one pol who doesn’t kiss the ass of lobbyists and fund supporters, so no real news there. Let’s charge them all for pandering to special interests.
What I’m hearing you say is that regardless of how information is obtained – ethically or not – we shouldn’t be concerned as long as it reveals something imporant (defintion for imporant is up for debate). Does that about sum it up?
March 7, 2011 at 4:38 pm
Eric Kirk
Well, that’s not what I’m saying. We can certainly be “concerned.” The point is that we should not forgo an investigation into corruption because we learned about it through the questionable actions of a blogger. If there’s ever an official complaint policy for bloggers, then we can file a complaint against the blogger too.
March 7, 2011 at 6:39 pm
tra
If there’s ever an official complaint policy for bloggers, then we can file a complaint against the blogger too.
To file a complaint against a blogger, just send your angry e-mail to:
bloggercomplaints.by.naivefools@straightintothecircularfile.org
March 7, 2011 at 7:57 pm
Plain Jane
No, the blogger didn’t edit the tape to make Walker say things he didn’t say. Walker didn’t need any help sounding like a slime ball. But I still hope this is as successful in damaging Walker as the pimp was against ACORN. You know I STILL get e-mails about that video and ACORN from people who don’t know it was fake?
March 7, 2011 at 8:41 pm
Not A Native
I’d guess if the phony caller had been a law enforcement official investigating a corruption allegation, the call would be considered entrapment and the contents inadmissable. To me, the principle holds despite the caller’s identity. Now if Walker had actually followed through and done the things he BSed about, evidence of that would be damning.
In the context of how politicians raise money, get supporters, and make campaign promises, Walker pretty much acted along the mainstream. Yep, he was incautious and foolish for being so dazzled by the Koch name he went overboard to impress ‘Koch’ with backslapping and tough trash bar talk. To me, he just demonstrated he’s a skilled chameleon, like every other successful high level politican.
March 7, 2011 at 8:46 pm
Eric Kirk
the call would be considered entrapment
No it wouldn’t.
March 7, 2011 at 9:32 pm
moviedad
I still have not heard one word about this on NPR, or any of the “Murdoch-Murder-Network”. People I’ve talked to who don’t listen to non-corporate programs; haven’t heard of any of this. I talked to my cousin about it this afternoon and I was amazed that he hadn’t heard about it. He’s all plugged into “Jeff Rinse” and the regular “News”. He thought I was kidding. He thought something like this would be national news.
We need to take back the FCC and put some real teeth into it. Start re-examining the notion of “Public Interest.”
March 7, 2011 at 10:53 pm
Eric Kirk
Recall petitioners are collecting signatures. Kos is raising money for the effort.
http://www.actblue.com/page/orangetoblue2012?refcode=3_07_Recall3
March 7, 2011 at 10:57 pm
Plain Jane
I like that you can donate through PayPal. So much easier and safer.
March 8, 2011 at 12:56 pm
moviedad
Unless you’re Jullian Assagne.
March 8, 2011 at 7:59 pm
Not A Native
Eric you’re a lawyer but in the reported facts are Walker didn’t exhibit he was ready and willing to break a law, he merely talked to encourage a potential supporter. I see no intent here on Walker’s part.
So at this point, the facts leave a reasonable doubt whether Walker had any intent to commit a crime had it not been for inducement and persuasion on the part of the “Koch” caller. Thats my rationale to say the call might be entrapment.
March 8, 2011 at 8:32 pm
Eric Kirk
Entrapment has to entice a person to commit a crime. What he did primarily was to make statements which point to the possibility of an underlying crime or ethical violation.
I take it back however. The promise of a vacation in California could possibly constitute entrapment. But it’s a much more complicated defense than I have time to explain at the moment.
March 8, 2011 at 9:29 pm
Not A Native
OK, In a ‘real’ investigation there would be many more contacts which could provide sufficient evidence of whether Walker was ready and willing or not.
I’m not defending Walker, he’s clearly way out in Right field and feeling pretty cocky. But I’m not in favor of trial by mob acclaim within a system that isn’t blatently corrupt and abusive of authority. If this call only reinforced the resolve of the Dem Senators, thats sufficiently good IMO. No need for a witchhunt of Walker.
March 8, 2011 at 10:20 pm
Eric Kirk
I don’t know. The coordination of ad spending with private donors using state phones is actually a serious issue. Might not seem serious, but it opens up a lot of opportunities to game what’s left of campaign finance regulation.
March 9, 2011 at 5:17 pm
Plain Jane
Wisconsin Senate Advances Bill Opposed by Unions
MADISON, Wis. (AP) — Republicans in the Wisconsin Senate voted Wednesday night to strip nearly all collective bargaining rights from public workers after discovering a way to bypass the chamber’s missing Democrats.
Now the court challenges and the recalls. They’re toast.
http://wlink
March 9, 2011 at 8:31 pm
Eric Kirk
I saw that. It’s a similar move that the Democrats might have taken to get the public option had the will been there.
Well. Over the next couple of years we’ll learn whether this is what the people of Wisconsin wanted.
March 10, 2011 at 12:42 am
Eric Kirk
Here’s an interesting comment from a TPM poster.
It’s not just the budget bill needs a quorum — the big issue is that *any* bill with fiscal implications is supposed to have a quorum in the Wisconsin state Senate. So there are two choices here:
1. Collective bargaining has fiscal implications, and so the bill will be blocked in the courts and ruled unconstitutional.
2. Collective bargaining DOES NOT have direct fiscal implications, and Gov. Walker has been lying this entire time by making the case that it’s fiscally necessary.
So either the state R’s just passed an illegal bill, or Walker has been lying this entire time and really is just interested in union-busting.
March 10, 2011 at 9:11 am
Plain Jane
Exactly, Eric. Either they passed the legislation illegally or this is proof that they were lying about the economic necessity which leaves us with the fact that this was a crass political move to deny funding to Democrats and reduce working class power.
March 10, 2011 at 12:23 pm
Eric Kirk
Walker’s comments may be used in court action against the bill.
http://tpmdc.talkingpointsmemo.com/2011/03/walker-union-bills-changes-are-indeed-fiscal.php?ref=fpa
March 10, 2011 at 12:32 pm
Not A Native
I doubt the courts will want to decide this because of separation of powers. Its totally within the legislature’s authority to make and manage their rules of procedure. I’m sure the senate has some rules committee with procedures to resolve rule disputes.
My guess is a court will refuse to hear a complaint on the basis that all procedural remedies haven’t been pursued. Maybe someone can concoct a challenge in Federal Court alleging a violation of the voters rights act.
The real answer to this dispute will occur at future elections, similar to the Right’s seeking repeal of the health care reform law. Last night’s Newshour had an interview with the Governor of Virginia who cast the issue firmly as political, giving lip service to the economic aspects.
March 10, 2011 at 1:33 pm
Plain Jane
“As Wisconsin Republicans passed Gov. Scott Walker’s anti-union bill in the State Senate, a bill in Michigan goes even further. In the measure, emergency financial managers would be allowed to break union contracts, dismiss elected officials, and even disincorporate entire municipalities. Michigan Senate Republicans approved the bill yesterday, and protests are expected in the Lansing State Capitol building today.”
link
http://www.democracynow.org/2011/3/10/this_is_a_class_war_michael
March 10, 2011 at 4:03 pm
Eric Kirk
Dismiss elected officials and disincorporate municipalities?
March 10, 2011 at 6:51 pm
Plain Jane
They passed it.
link