Wisconsin Public Radio

Judge Orders Gableman Stop Deleting Records

Michael Gableman has been deleting emails, text messages related to partisan election review.

By , Wisconsin Public Radio - Apr 21st, 2022 05:09 pm
Former state Supreme Court Justice Michael Gableman speaks Tuesday, March 1, 2022, at the Wisconsin State Capitol in Madison, Wis. Angela Major/WPR

Former state Supreme Court Justice Michael Gableman speaks Tuesday, March 1, 2022, at the Wisconsin State Capitol in Madison, Wis. Angela Major/WPR

A Dane County judge has ordered former Supreme Court Justice Michael Gableman to stop deleting records related to a Republican investigation of the 2020 election.

Judge Frank Remington‘s order Thursday followed a request by the liberal watchdog group American Oversight. Last month, Remington ruled Gableman must turn over documents sought by American Oversight in an open records dispute.

The latest court filing from the group showed that Gableman’s Office of Special Counsel, or OSC, was deleting certain documents or text messages. American Oversight told Remington this was in violation of Wisconsin’s open records law.

“Alarmingly, OSC stated that it continues to delete records it deems irrelevant to the election investigation and declared itself exempt from any requirement to retain records,” wrote American Oversight attorney Christa Westerberg.

The motion from American Oversight referenced a memo written by the Legislature’s nonpartisan attorneys to back up its position. In the Oct. 1 memo, Wisconsin Legislative Council deputy director Dan Schmidt stated that Gableman’s office is not exempt from Wisconsin’s requirement to retain open records.

“The Assembly Special Counsel is an officer appointed by the Committee on Assembly Organization to oversee the AOSC and not a member of the Legislature,” Schmidt wrote. “Therefore, the Special Counsel and his or her office are generally subject to the Public Records Retention Law requirements.”

In a letter sent to Westerberg on April 8, Gableman’s attorneys disputed that, stating that the Office of Special Counsel was not obligated to retain all of its records.

“Put simply, the OSC is not contesting its obligation to comply with established public records law, it is plainly not subject to the retention law, notwithstanding the memo produced by the Legislative Council,” Gableman’s lawyers wrote.

In a brief order Thursday, Judge Remington sided with American Oversight.

“In light of petitioner’s motions and in consideration of the memorandum by the Legislative Counsel and the position of the Office of the Special Counsel, IT IS ORDERED that until further order of this court, the Office of Special Counsel is ordered not to delete or destroy any record that is or may be responsive to the petitioner’s original request,” Remington wrote.

Remington scheduled a hearing in the case for Tuesday afternoon.

Judge orders Gableman’s office to stop deleting records in election investigation was originally published by Wisconsin Public Radio

4 thoughts on “Judge Orders Gableman Stop Deleting Records”

  1. GodzillakingMKE says:

    They should charge that bloated corrupt balloon with theft.

  2. MrTea says:

    Wisconsin has become a republican MAGA cesspool of lies hate and hypocrisy. Extremist republicans will attack anyone they do not like call them a groomer or worse and spew fear mongering social lies to ramp up their misguided followers and tell election lies that loser Trump won the election(sorry he lost) and claim fraud was rampant with out a lick of evidence since there was no fraud. Sadly it’s our democracy and our state that suffers and is at great risk. These extremists manly white Christian men work for their own selfish gains a republican autocracy and people do not really get what that will mean for those who are not white Christian men. That means most woman’s rights go down the toilet as we are seeing. It means further hate crimes and attacks on the LGBTQ communities. It means further discrimination and attacks and violence on people of color. It means further division fear mongering and violence caused by this MAGA party.They use nuts like Gableman and others to sew doubt spread BS and lies and the republican mainstream politicians are turning a blind eye since they think it may serve them by growing their power even if it means lying cheating to achieve their gains.

    Gableman indeed a bloated cartoon character who while ridiculous is dangerous and must be run out of the state on a rail along with the rest of these dangerous men and those who engaged them like Robin Vos. Rural Wisconsin has been lied to and ignored to long and the divide created by white Christian extremists in WI could easily turn to violence.
    We all must do better but the Dems must stop living in fear their base is apathetic since we see no one is fighting back. Where is the will to stop the crazy? A good example of the danger are the lives that be lost lost in Florida due to DeSantis don’t say gay law this law will kill gay kids. Abortion laws in the south will kill poor woman. These extremists on the right will not stop until this country is torn apart. Gableman is small sick part of the rot in the right MAGA party and the cult that is now the GOP

  3. RetiredResident says:

    Ladies and Gentlemen, I give you the Party of Law and Order.

  4. ringo muldano says:

    Michael Gableman – ignorant buffoon. An embarrassing shameless ass and chasing the title for worst ever from a once proud state. Chasing Fitz for dbag championship.

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