Progressive Thinking

Just weeks before the U.S. Supreme Court is set to review the Wisconsin decision that squashed the investigation, Republicans scramble over 'the apparent violation of the secrecy orders'.

MADISON, WI - Attorney General Brad Schimel is considering investigating the recent leak of sealed documents from the halted John Doe investigation into Gov. Scott Walker’s recall campaign.

The Guardian US, an arm of the British-based newspaper, on Wednesday posted more than 1,300 documents related to the investigation into whether Walker’s recall campaign circumvented state campaign finance law. The documents were supposed to be held under seal by a Wisconsin Supreme Court order, which previously had ordered them destroyed.

Assembly Speaker Robin Vos, R-Rochester, and other top Assembly Republicans had asked Schimel to consider appointing a special prosecutor to investigate “this apparent violation” of the Supreme Court’s order and state law earlier in the day.

But, why all the concern about documents from an investigation that Gov. Scott Walker has repeatedly claimed was ‘baseless’?

The documents posted Wednesday provide the most complete record yet of how Walker raised millions of dollars for a supposedly independent, tax-exempt group during the 2011 and 2012 recalls — activity that prompted the John Doe investigation. Walker, Assembly Republicans, and several of the Supreme Court Justices themselves directly benefited from the campaign activities of that very same group.

Schimel “is very concerned about the apparent violation of the secrecy orders issued by the court in this case, and is currently reviewing the available options to address the serious legal questions raised by the leak and publication of these sealed documents,” Schimel’s spokesman Johnny Koremenos said in an email to the Wisconsin State Journal.

“Should this potential crime go unprosecuted it runs the risk of undermining the integrity of our courts and judicial system,” said Vos in a letter Thursday to Schimel.

But Republican lawmakers — including Vos — have not previously publicly called for an investigation into apparent leaks to other publications, including the Wall Street Journal’s conservative editorial page.

For example, Wisconsin Club for Growth director Eric O’Keefe acknowledged in 2014 in an interview with conservative radio show host Vicki McKenna that the subpoena he received during the 2012 John Doe investigation included a gag order, which if violated could result in a contempt of court ruling.

Later Thursday, at another stop in the state, Walker said he is no longer raising money for Wisconsin Club for Growth, the Milwaukee Journal Sentinel reported.

The document disclosures come just weeks before the U.S. Supreme Court is set to consider a petition by prosecutors to overturn the Wisconsin Supreme Court 4-2 decision quashing the investigation.

Witnesses include Walker Administration insurance bureaucrat who is part of efforts to undermine access to affordable health care in Wisconsin.

WASHINGTON, DC - This morning Senator Ron Johnson, Chair of the Senate Homeland Security & Governmental Affairs Committee, will hold a hearing on the state of health insurance markets. Observers of health policy expect the hearing to try and build support for repealing the Affordable Care Act (ACA).

Senator Johnson, an arch opponent of guaranteed affordable health care, is expected to use the hearing to advance his desire to return to the days when insurance companies profited through discrimination based on preexisting conditions, age, and gender. Johnson will likely claim that big for profit insurance companies pulling out of ACA marketplaces is a reason to repeal health care reform, rather than for holding those highly profitable corporations accountable. At least one health insurance company is pulling out in retaliation for the Obama Administration enforcement of the nation’s antitrust laws.

One of the challenges in implementing the ACA continues to be conservative state officials who are willing to use their power to undermine access to affordable health care for their own constituents. These actions include rejecting coverage for low income residents and enabling for profit insurance companies to continue to profit by selling policies to healthy people and avoiding those with health conditions.

The first witness on Sen. Johnson’s hearing notice is Wisconsin Deputy Insurance Commissioner J.P. Wieske, who had been one of the leaders in Governor Scott Walker’s efforts to sabotage the health care reform law.

The record of actions the Walker Administration is long and troubling. Here is a sampling:

• The Walker Administration made Wisconsin the only state in the Great Lakes region to reject enhanced Medicaid dollars, kicking 77,000 people off the state’s BadgerCare program. New research shows that states like Wisconsin who refused Medicaid dollars forced more people with health conditions onto the ACA marketplace, increasing premiums by about 7%.

• The Wisconsin Insurance commissioner sought a waiver from the rule that health insurance companies spend at least 80% of premiums on medical care, the so called 80/20 rule.

• The Wisconsin Insurance Commissioner allowed health insurance corporations to game the system by allowing the continued sale of substandard lemon plans, which according to research by Milliman, Academy of Actuaries, and Rand Corporation, increase ACA marketplace premiums by up to 10% by allowing insurance companies to continue to cherry pick healthier customers. There are as many as 45,000 Wisconsinites on these so-called transitional plans. These skimpy plans also are dangerous for customers who face serious medical conditions.

• The Wisconsin Insurance commissioner has been extremely lax on health insurance rate review, failing to find a single health insurance industry rate request to be excessive in 5 years. The Walker Administration has been an advocate of “file and use,” strongly opposing legislation that would require the health insurance corporations to prove rate increases are justified. More vigorous rate review has reduced premiums in other states.

• The Wisconsin Insurance Commissioner put unnecessary and burdensome restrictions on health insurance navigators not required by federal law, of the kind that were thrown out by a federal court in Missouri. This likely raised premiums by reducing enrollment in ACA marketplace plans.

It is deeply troubling that conservative politicians like Senator Johnson see the continued efforts of the big health insurance corporations to deny coverage to people with health conditions as an opportunity to undermine health reform. Now that big insurance is working actively to sabotage a system designed to guarantee them customers, it is long overdue that we return to the idea of robust public option. A public option would hold big health insurance accountable by giving health consumers a choice and taking away their leverage to abandon whole parts of the country just to jack up their already swelling profit margins.

Senate Republicans knew they were blowing our campaign finance laws to pieces for their own personal benefit. That is the true crime in all of this.

MADISON, WI - Last November, the Wisconsin Senate Republicans made changes to Wisconsin election laws that they knew would allow collusion and coordination between political candidates and dark money issue ads in elections. This move was needed because they had been breaking the law, most notable in the recall elections as highlighted in The Guardian leak of thousands of pages of a John Doe investigation into Governor Scott Walker.

Wisconsin courts have found that if a group is coordinating on issue ads with a candidate, their spending -- regardless of whether it includes express advocacy -- can be considered a contribution, which under Wisconsin law encompasses both cash donations and the giving of anything of value. AB 387 changed that and made collusion and coordination legal, even when candidates coordinate with ’issue advocacy’ groups.

Issue ads claim they are NOT campaigning because they are just educating voters, not trying to influence the outcome of an election. But coordination with a candidate is the definition of campaigning. We argued all day on the Senate floor and every single Senate Republican knew they were blowing our campaign finance laws to pieces for their own personal benefit. That is the true crime in all of this. Politicians voting to benefits themselves.

Most people living in small towns or out in the country claim to be Republicans, but only because they seem to despise Democrats. Few actually seem to like the Republicans deep down.

ALTOONA, WI - My past work as a government watchdog led me to spend more time than I liked in the State Capitol. With seemingly each passing day, I found the place increasingly unpleasant. Just setting foot in the building had a way of dampening my spirits. It’s a beautiful setting, but there’s growing ugliness in what goes on inside.

Since joining with others from around the state to give birth to Blue Jean Nation about a year and a half ago, I’ve been in the Capitol only three times, and none of the visits was my idea. I’ve made a point of staying away from the Capitol and hitting the road instead.

On a few occasions my recent travels have taken me outside Wisconsin’s borders. But for the most part, I’ve criss-crossed the countryside in my home state. Community events and gatherings from Argyle to Appleton to Ashland, from Waukesha to Waterloo to Wausau. Sometimes it’s bigger towns like Eau Claire, Green Bay, Janesville or La Crosse. Other times small towns like Lake Mills, Darlington, Viroqua, Elkhorn and Owen. For every trip to Milwaukee there have been visits to Menasha and Menomonie, Hayward and Hudson, Brookfield and Baraboo, Portage and Prairie du Chien. And dozens of other locales. Plans have me heading soon to Tomah, Waupun and New Glarus, among other places.

I’ve met with local residents in churches, coffee shops, cafes, bowling alleys, libraries, taverns, barns, feed mills, town halls and community centers. I’ve been invited into high school classrooms and to college campuses. Everywhere I go, I talk politics with those I meet. What I hear varies from place to place but at the same time is strikingly similar. Distill all the stories down and common themes emerge.

People are reluctant to talk politics, but you can tell they want to. Political discussions have been too painful lately.

The most commonly used word to describe both the economy and the political system has got to be “rigged.” It amazes me how often that word is chosen.

Pessimism is rampant. People seem afraid of what the future holds. Many are beaten down. No matter how hard they work, they see themselves falling behind. They have a hard time imagining how that’s going to change. This leads not only to intense frustration but also a strong suspicion that America’s best days are behind her.

Optimism is dormant but not dead. People want to believe things can get better, and are on the lookout for signs we might be turning the corner. Leadership is craved.

Few see themselves being the ones able to satisfy the craving. Most see leadership coming from someone else.

Someone else isn’t leading.

The word “Democrat” is toxic most everywhere outside of Madison and Milwaukee.

Most people living in small towns or out in the country are Republicans, but only because they despise Democrats. Few actually seem to like the Republicans deep down.

Most people can tell you what Republicans believe in, whether they agree with it or not. Most struggle to put into words what Democrats stand for. What they do say isn’t flattering.

Young people are not nearly as apathetic as older people think they are. They know what’s going on. They care. They may feel powerless, but that’s different than not caring.

People of every age tell you who’s to blame for the mess that’s been made, but then they say something that hints at understanding of how all the resentment and scapegoating lead nowhere good.

These are things you never hear in the State Capitol. And doesn’t that say something revealing about the Capitol?

— Mike McCabe

For 50 years, the Legislative Audit Bureau has worked quietly behind the scenes monitoring funds and agencies to ensure state government delivers quality services.

MADISON - “Happy Birthday!” I told eighty auditors and other legislative leaders at a recent Capitol gathering. The nonpartisan Legislative Audit Bureau (LAB) recently celebrated 50 years of service to the people of the State of Wisconsin.

LAB is the agency that works quietly behind the scenes to ensure state government delivers quality services. The agency has earned high marks for its work in national circles and criticism from both sides of the aisle in its detailed depiction of problems and recommended changes to state government.

As described in the words of former State Auditor Janet Mueller, the LAB serves as “the Steward of the People’s Money.”

You might not have heard of the LAB, but they work methodically to ensure your tax dollars are well spent.

Half of the Audit Bureau team focuses on financial auditing. As a highly trained team of certified public accountants, these professionals are skilled in government accounting. They check and recheck records, and in some cases, must reconstruct records to review the accuracy of agencies’ reports.

The financial auditors are responsible for completing many audits required by state and federal law. Their work includes monitoring funds overseen by the State Investment Board; the State Lottery Fund; the State of Wisconsin itself and the Single Audit – a comprehensive accounting of all federal dollars flowing through state government. The details of the Single Audit are truly astounding as, thirty cents of every dollar the state spends is from Uncle Sam - with some programs larger. For example, forty cents of every transportation dollar spent is federal as is fifty cents of every health dollar spent.

Financial auditors answer questions like “How much money was spent?” and “Are adequate safeguards in place to assure money was properly accounted for?”

Program auditors make up the other half of the Audit Bureau team. They answer questions about state programs such as “How well is the program working?” and “How might the state improve service delivery?”

Program auditors often work closely with financial auditors. For example, the troubled Wisconsin Economic Development Corporation’s performance was examined thoroughly by both financial and program auditors in three separate audits.

Early audits of WEDC showed no clear budget or consistent accounting practices in an agency that distributes tens of millions in grants and loans and hundreds of millions in tax credits. Even the most recent audit found WEDC lost track of loans. Millions in other loans were written off when companies failed to deliver promised jobs. WEDC broke federal rules and, as a consequence, Wisconsin paid penalties. Remarkably, WEDC failed to independently verify that companies given tax dollars to create jobs actually did as they promised.

Sometimes the auditors do such a good job, state leaders want to get rid of them. I think of this as “Killing the Messenger.” For example, in the FY 15-17 Governor’s budget, he removed the requirement for LAB to financially audit WEDC. Thankfully the legislature replaced the requirement, and LAB will issue a new WEDC audit this spring.

Following the release of the third disturbing audit of the WEDC, two Assemblymen, Rep. Craig (R-Big Bend) and Rep. Jarchow (R-Balsam Lake) circulated a bill to abolish the nonpartisan Legislative Audit Bureau and replace the agency with partisan “Inspector Generals” to be housed in the very agencies they oversee.

Again, thoughtful lawmakers prevailed and the bill died. Wisconsin needs more nonpartisan oversight, not less. We need LAB’s steadfast efforts in evaluating the effectiveness and efficiency of state government.

Later this month, the Legislative Audit Committee, which I serve as ranking minority member, will meet to take up a new crisis in state government: the care of veterans at the Wisconsin King Veterans Home.

All citizens can contact the Legislative Audit Bureau through a toll free hotline (1-877-FRAUD-17) for citizens to report fraud, waste and mismanagement in state government.

Congratulations to State Auditor Joe Chrisman and his dedicated staff, and to former state auditors Jan Mueller and Dale Cattanach who helped make LAB the award winning team it is today. Wishing the LAB many more years of service as the Steward of the People’s Money!