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Lawmaker advises GAB’s Kevin Kennedy to ‘obey the law’ (WI)
Wisconsiin Watchdog ^ | 11-30-15 | M. D. Kittle

Posted on 12/01/2015 7:26:07 AM PST by afraidfortherepublic

Part 292 of 292 in the series Wisconsin's Secret War

MADISON, Wis. – The state’s political speech cop again is resisting a lawmaker’s request for information about the costs of a secret John Doe investigation into Wisconsin conservatives.

State Government Accountability Board director and general counsel Kevin Kennedy has “partially denied and partially fulfilled” an open records request by state Rep. Dave Craig, R-Town of Vernon.

At least Kennedy insists as much in a seemingly conflicted response to the lawmaker’s request for information on the costs incurred by the GAB in the political investigation dubbed “John Doe II.”

Craig, in a follow-up letter to Kennedy, asserts the director has failed in “even partially fulfilling” his request.

“As your letter admits, the information you provided to my office was related to civil litigation currently under way that came as a result of accused overreaches by agents of the government in ‘John Doe II,’ but not as part of the investigation itself,” Craig wrote in his email response to Kennedy issued Monday.

“Your agency’s failure to provide cost information for this investigation under Wisconsin Stat. §968.26 is disturbing and, more seriously, unlawful.”

RELATED: Lawmaker asking GAB to open its John Doe records

Kennedy directs Craig to the GAB’s defense of a lawsuit filed in Waukesha County Court by conservative targets of the probe. In court documents, the GAB summarizes the cost of its work in what Kennedy continues to describe as a “parallel, civil investigation,” although records from the lawsuit challenge the parallel notion. Communications between GAB agents and prosecutors at the Democrat-led Milwaukee County District Attorney’s office appear to show the two agencies coordinating the criminal investigation and the GAB leading several aspects of the probe.

The court documents Kennedy alludes to insist the GAB’s total costs in the investigation topped $169,000, but there remain questions related to the payment of the criminal investigation’s special prosecutor, a contracted employee of the GAB, among other expenses.

In his follow-up letter to Kennedy, Craig said he finds it interesting that Kennedy would assert that the accountability board does not conduct criminal John Doe investigations, something the agency cannot do under law.

“(I)n your letter to me dated September 17, 2015, regarding my request for emails related to a Gmail account your agency used to disseminate information, you specifically stated, “That secure email account was used by Mr. Falk for official purposes to communicate with law enforcement personnel and other G.A.B. staff members who were admitted to a John Doe investigation,” Craig wrote.

Falk is the former GAB staff counsel who suddenly left the job about the time the GAB supposedly was ending its investigation into 29 conservative groups and the campaign of Gov. Scott Walker on illegal campaign coordination allegations – allegations multiple courts, including the state Supreme Court, have rejected. Emails suggest Falk, among other GAB staff, was driven by partisan motives in his pursuit of conservative targets.

Interestingly, Kennedy asserts, as he has in the past, that records associated with the GAB’s investigation are not subject to release under the law that created the agency, or the state John Doe law. This, despite Kennedy referring Craig to the overview of expenses from the GAB’s “sum-sufficient budget” for the investigation.

The agency’s blank check for secret investigations and the GAB itself would be history under a bill passed in recent weeks by Republican majorities in the Legislature. The bill awaits the governor’s signature.

Craig, pointing to the recent changes in Wisconsin’s John Doe law, advised Kennedy that records on the costs of John Doe investigations must be disclosed, and are “in no way limited to the authority leading a John Doe proceeding.”

“Rather, it encompasses all investigations supporting a John Doe proceeding, including those undertaken by the G.A.B. or those in which G.A.B. was a participant,” Craig wrote. Since G.A.B. staff members were admitted to a John Doe investigation, your agency is obligated to provide records of the costs pursuant to §19.35.”

More so, the lawmaker advised, confidentiality provisions were written to protect subjects of a complaint filed with the GAB, not to prevent Wisconsin citizens from “knowing how their tax dollars were being spent” by the agency.

Craig reiterated he not seeking information on the substance of the investigation, but on the costs related to it.

“The statutory mandate to disclose the information I requested under §968.26 is clear. Please obey the law and provide me with the information that I have requested,” Craig scolded the bureaucrat.

Craig told Wisconsin Watchdog that Kennedy’s latest effort to “thumb his nose” at the Legislature and the constituents Craig serves underscores the need for a legislative committee – with subpoena power – to “get at the whole truth of the investigation.”

“It drives home the fact that, the more we peel back the layers of the onion the more this thing stinks,” the lawmaker said.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Wisconsin
KEYWORDS: corruption; gab; johndoe; kevinkennedy

CONFLICTED KENNEDY? Government Accountability Board director Kevin Kennedy again has denied a lawmaker’s request to open the books on the GAB’s involvement in a political John Doe investigation.

‘DISTURBING’: State. Rep. Dave Craig, R-Town of Vernon, in a response to Kennedy, said the GAB’s failure to provide information is “disturbing and … unlawful.”

1 posted on 12/01/2015 7:26:07 AM PST by afraidfortherepublic
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To: afraidfortherepublic; onyx; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; ...

Assemblyman Dave Craig advises Kevin Kennedy to obey the law!

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


2 posted on 12/01/2015 7:35:20 AM PST by afraidfortherepublic
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To: afraidfortherepublic; Cincinatus' Wife

Easier to read?

MADISON, Wis. The state’s political speech cop again is resisting a lawmaker’s request for information about the costs of a secret John Doe investigation into Wisconsin conservatives.

State Government Accountability Board director and general counsel Kevin Kennedy has “partially denied and partially fulfilled” an open records request by state Rep. Dave Craig, R-Town of Vernon.

At least Kennedy insists as much in a seemingly conflicted response to the lawmaker’s request for information on the costs incurred by the GAB in the political investigation dubbed “John Doe II.

Craig, in a follow-up letter to Kennedy, asserts the director has failed in “even partially fulfilling” his request.

“As your letter admits, the information you provided to my office was related to civil litigation currently under way that came as a result of accused overreaches by agents of the government in “John Doe II” but not as part of the investigation itself” Craig wrote in his email response to Kennedy issued Monday.

“Your agency’s failure to provide cost information for this investigation under Wisconsin Stat. ss968.26 is disturbing and, more seriously, unlawful.”

RELATED: Lawmaker asking GAB to open its John Doe records

Kennedy directs Craig to the GAB’s defense of a lawsuit filed in Waukesha County Court by conservative targets of the probe. In court documents, the GAB summarizes the cost of its work in what Kennedy continues to describe as a “parallel, civil investigation”, although records from the lawsuit challenge the parallel notion. Communications between GAB agents and prosecutors at the Democrat-led Milwaukee County District Attorney’s office appear to show the two agencies coordinating the criminal investigation and the GAB leading several aspects of the probe.

The court documents Kennedy alludes to insist the GAB’s total costs in the investigation topped $169,000, but there remain questions related to the payment of the criminal investigation’s special prosecutor, a contracted employee of the GAB, among other expenses.

In his follow-up letter to Kennedy, Craig said he finds it interesting that Kennedy would assert that the accountability board does not conduct criminal John Doe investigations, something the agency cannot do under law.

“(I)n your letter to me dated September 17, 2015, regarding my request for emails related to a Gmail account your agency used to disseminate information, you specifically stated, “That secure email account was used by Mr. Falk for official purposes to communicate with law enforcement personnel and other G.A.B. staff members who were admitted to a John Doe investigation”, Craig wrote.

Falk is the former GAB staff counsel who suddenly left the job about the time the GAB supposedly was ending its investigation into 29 conservative groups and the campaign of Gov. Scott Walker on illegal campaign coordination allegations; allegations multiple courts, including the state Supreme Court, have rejected. Emails suggest Falk, among other GAB staff, was driven by partisan motives in his pursuit of conservative targets.

Interestingly, Kennedy asserts, as he has in the past, that records associated with the GAB’s investigation are not subject to release under the law that created the agency, or the state John Doe law. This, despite Kennedy referring Craig to the overview of expenses from the GAB’s “sum-sufficient budget” for the investigation.

The agency’s blank check for secret investigations and the GAB itself would be history under a bill passed in recent weeks by Republican majorities in the Legislature. The bill awaits the governor’s signature.

Craig, pointing to the recent changes in Wisconsin’s John Doe law, advised Kennedy that records on the costs of John Doe investigations must be disclosed, and are “in no way limited to the authority leading a John Doe proceeding”.

“Rather, it encompasses all investigations supporting a John Doe proceeding, including those undertaken by the G.A.B. or those in which G.A.B. was a participant”, Craig wrote. Since G.A.B. staff members were admitted to a John Doe investigation, your agency is obligated to provide records of the costs pursuant to §19.35.

More so, the lawmaker advised, confidentiality provisions were written to protect subjects of a complaint filed with the GAB, not to prevent Wisconsin citizens from “knowing how their tax dollars were being spent” by the agency.

Craig reiterated he not seeking information on the substance of the investigation, but on the costs related to it.

“The statutory mandate to disclose the information I requested under §968.26 is clear. Please obey the law and provide me with the information that I have requested”, Craig scolded the bureaucrat.

Craig told Wisconsin Watchdog that Kennedy’s latest effort to “thumb his nose” at the Legislature and the constituents Craig serves underscores the need for a legislative committee “with subpoena power” to “get at the whole truth of the investigation”.

“It drives home the fact that, the more we peel back the layers of the onion the more this thing stinks”, the lawmaker said.


3 posted on 12/01/2015 7:37:10 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: afraidfortherepublic

Liberals insist on breaking the law with impunity.


4 posted on 12/01/2015 7:58:21 AM PST by Jack Hammer
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To: Cletus.D.Yokel

Thank you very much. How did you do that?


5 posted on 12/01/2015 8:02:54 AM PST by afraidfortherepublic
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To: afraidfortherepublic

Took the few minutes to strip-out and replace the quotes, apostrophes and sundry UTF-8 markings.

PITA but, when it counts, it should be done.


6 posted on 12/01/2015 8:09:33 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: Cletus.D.Yokel

But you can’t see them in the preview screen!


7 posted on 12/01/2015 8:19:08 AM PST by afraidfortherepublic
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To: Cletus.D.Yokel

Do you mean that just by taking the ones out that are in the original article and putting back my own that I have typed in that it will fix the problem?


8 posted on 12/01/2015 8:20:28 AM PST by afraidfortherepublic
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To: afraidfortherepublic

Well, no...

but if one ANTICIPATES the UTF-8 “junk”, eliminate and replace...it is only quotes, apostrophe and sundry ^superscript^ characters.


9 posted on 12/01/2015 8:22:07 AM PST by Cletus.D.Yokel (Catastophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: afraidfortherepublic
But you can’t see them in the preview screen!

You're right.

10 posted on 12/01/2015 8:53:23 AM PST by houeto (https://secure.freerepublic.com/donate/)
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To: afraidfortherepublic
But you can't see them in the preview screen!

...and wrong! ;-)

11 posted on 12/01/2015 8:54:29 AM PST by houeto (https://secure.freerepublic.com/donate/)
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To: afraidfortherepublic

In the preview screen, just delete them then retype them. Crap is GONE!


12 posted on 12/01/2015 9:00:42 AM PST by houeto (https://secure.freerepublic.com/donate/)
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To: afraidfortherepublic

Whereas the serfs have a boot heel on their necks already, those in govt get to blatantly abuse and break the law.

And the hammer comes down WHEN?

Yet, we’ve seen in TN a govt employee tossed into jail for ENFORCING the law.

Orwell, you SLY bastard. I had no idea 1984 was an instruction manual.


13 posted on 12/01/2015 9:43:31 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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