“A Murky Fog, A Legal Morass”: Scott Walker’s Conservative Bubble Shielded Him, Now It Might Sink Him
There was a big political development in Wisconsin Thursday, with the release of court documents that include an allegation by state prosecutors that Gov. Scott Walker, a 2016 presidential prospect, was part of a “criminal scheme” to skirt state laws in coordinating with outside conservative groups to stave off the 2011-2012 recall effort prompted by his successful push to undo public employee collective bargaining. The allegation was contained in files ordered unsealed by a judge in the so-called “John Doe II” case into whether Walker’s political team and outside conservative groups violated Wisconsin’s stringent rules against direct coordination between independent political groups and candidates by funneling millions of dollars from donors, many of them from outside Wisconsin, to fight the recall, which Walker won in June 2012. The investigation has devolved into a legal morass—a federal judge ordered a halt to it in May and instructed prosecutors to destroy their evidence, saying they were overreaching, but his order was in turn blocked by a federal appeals court, which will soon rule on whether the investigation can proceed. Meanwhile, rumors circulate that Walker is in talks to settle the case with the state prosecutors, which has earned him the ire of some of his conservative allies.
Walker, now in the midst of a tight race for reelection, has not been charged with any crime. Still, the document’s release adds considerable detail to the murky fog around the investigation, and, by laying out so many of the prosecutors’ findings, helps explain why Walker may be inclined to settle rather than fight the case. The five county district attorneys leading the investigation appear to have plenty of goods to back up their claim of a “nationwide effort to raise undisclosed funds for an organization which then funded the activities of other organizations supporting or opposing candidates subject to recall.” From the Milwaukee Journal Sentinel article on the release:
In the documents, prosecutors lay out what they call an extensive “criminal scheme” to bypass state election laws by Walker, his campaign and two top Republican political operatives — R.J. Johnson and Deborah Jordahl.
The governor and his close confidants helped raise money and control spending through 12 conservative groups during the recall elections, according to the prosecutors’ filings.
The documents include an excerpt from an email in which Walker tells Karl Rove, former top adviser to President George W. Bush, that Johnson would lead the coordination campaign. Johnson is also Walker’s longtime campaign strategist and the chief adviser to Wisconsin Club for Growth, a conservative group active in the recall elections.
“Bottom-line: R.J. helps keep in place a team that is wildly successful in Wisconsin. We are running 9 recall elections and it will be like 9 congressional markets in every market in the state (and Twin Cities),” Walker wrote to Rove on May 4, 2011.
I did not go down the rabbit hole of the John Doe II investigation in my new cover story about Walker and the racial divisions and political polarization in metro Milwaukee. (The piece does quote from racially charged emails released as part of an earlier investigation—“John Doe I”—that produced guilty pleas by six former Walker aides and allies, for misdeeds that include embezzling from a veterans fund and doing campaign work on taxpayer time.) I decided that delving into the John Doe II morass might distract from the piece’s focus on how the metro Milwaukee political landscape, with its stark divides and influential local talk-radio culture, has shaped Walker and in turn been shaped by him.
But the theme of the cover story and the investigation into coordination between Walker’s team and conservative groups are not unrelated. Both are, at bottom, about the same thing: the protective bubble of adulation and affirmation in which Walker has become increasingly ensconced in Wisconsin. The cover story describes one aspect of this bubble—the astonishingly monolithic base that Walker has, with the help of the talk-radio hosts he has cultivated for years, built for himself in the nearly all-white suburbs of Milwaukee, where voters turn out at the highest rates in the country to vote for him at levels that surpass 80 percent in some communities.
The other aspect of this bubble, though, is the inter-locking network of conservative groups and donors, such as Wisconsin’s own Bradley Foundation and the Koch brothers, have since 2010 come together to boost Walker and the Republican legislators who joined him in pushing through an aggressive conservative agenda in the face of massive protests in Madison. It is worth recalling that when a prank caller got through to Walker in February 2011 pretending to be David Koch, Walker made a direct request to the man he thought was Koch: to do everything he could to offer covering fire to protect Republican legislators: “A lot of these [lawmakers] are going to need a message out there reinforcing why this is a good thing for the economy and for the state,” Walker told “David Koch.”
That is what this investigation is about, whether the “reinforcement” provided by conservative groups and donors to Walker and legislators up for recall broke the law. In ordering a halt to the investigation in May, U.S. District Court Judge Rudolph Randa, a Republican appointee who has been active in conservative judicial-activist circles, argued that there was no problem with coordination between Walker and outside groups because it wasn’t as if the groups were trying to bring Walker over to their side by funding his anti-recall campaign: “[Wisconsin Club for Growth] obviously agree[s] with Governor Walker’s policies, but coordinated ads in favor of those policies carry no risk of corruption because the Club’s interests are already aligned with Walker and other conservative politicians,” Randa wrote in his ruling. “Such ads are meant to educate the electorate, not curry favor with corruptible candidates.”
This is a striking claim, reminiscent of the Supreme Court’s recent rulings against limits on campaign contributions—that limits can only be justified as bars against explicit attempts to bribe politicians to change their stances on issues. But that’s not what at issue in the John Doe II investigation—the question is whether the outside groups exerted undue influence over the outcome of the recall by skirting the state’s rules on coordination. It is whether the state’s electoral system was corrupted, not whether Walker was. No, there’s not any question that Walker already agrees with the groups that were backing him—as our cover story shows, he’s developed politically in a deeply homogenous realm with precious little space for deviation. Our piece argues that this development has had a limiting effect on him that makes him a less than ideal presidential candidate for a Republican Party seeking to broaden its ideological and demographic appeal.
But with today’s release, the odds that Walker will even get the chance to make the 2016 case for himself within his party took a hit. The bubble helped Scott Walker rise, but it now threatens to take him down.
By: Alec MacGinnis, The New Republic, June 19, 2014
“Republicans’ Pathetic Last Resort”: When Jeb And Mitt Are Your 2016 Saviors
Only last week, it seemed as if scandal-dogged GOP Govs. Chris Christie of New Jersey and Scott Walker of Wisconsin might be back in the 2016 game. At Mitt Romney’s Utah summit, Christie told big donors that his troubles are “over, it’s done with and I’m moving on.” Walker’s supporters crowed that in May, a judge put an end to the second John Doe probe he’s faced, this one into illegal coordination between his anti-recall campaign and outside conservative groups like Club for Growth.
Then came Thursday, when shoes dropped for both men. An Esquire report alleged that U.S. Attorney Paul Fishman has close Christie confidants talking about all the New Jersey scandals, not just Bridgegate, and he may be close to indictments. The same day a Wisconsin judge released documents showing that John Doe prosecutors believed Walker was at the center of a “criminal scheme” – two words no governor wants to see attached to his name.
It’s important to note that the shocking documents were released because a judge found no grounds to continue the probe. Walker may not face any further legal trouble here. But his political trouble keeps getting worse. The most stunning piece of evidence was an email from Walker himself to Karl Rove, boasting about his political operation, which seems to indicate some effort to coordinate with outside groups like Rove’s American Crossroads – though in the end, Rove did not wind up getting involved with the Wisconsin races.
An aside: Am I the only one who thinks someone stupid enough to send Karl Rove a personal email that at least smacks of an effort at illegal campaign coordination is too stupid to be president – and maybe even to remain as governor? I thought that when Walker was pranked by a faux David Koch, too, but apparently Wisconsin voters are more forgiving. Still, Walker’s in a tough race for reelection this year and he may have to fight hard just to stay in Madison; he sure can’t look ahead to Washington.
At any rate, the continuing flow of bad news out of New Jersey and Wisconsin has to terrify GOP donors and the rumored “establishment.” It’s increasingly unlikely that either governor can emerge as a “pragmatic,” pro-business 2016 alternative to Tea Party zealots like Sens. Ted Cruz and Rand Paul. This ups the pressure on former Florida Gov. Jeb Bush to run – and may even swell the ranks of Republicans reassuring two-time loser Mitt Romney that the third time’s the charm.
Don’t laugh: Romney is the runaway front-runner in a New Hampshire primary poll released Thursday night, crushing Christie and Paul and the rest of the field. OK, it’s one of Romney’s many “home states,” but that’s got to have Romney admirers thinking “what if?” The Romney-convened summit that hosted Christie last week also featured lots of wistful thinking about what a President Romney might be doing now – as well as what President Romney could do in 2017.
“It was intended to be a passing of the torch to the Republican Party’s would-be saviors,” the Washington Post’s Phillip Rucker wrote Monday. Instead, it “became a Romney revival.” My MSNBC colleague Joe Scarborough reportedly urged the 300 guests to begin a movement to “draft Romney.” And leading Romney fundraiser Harold Hamm told Rucker, “Everybody realizes we’re devoid of leadership in D.C. Everybody would encourage him to consider it again.”
Meanwhile on Monday Jeb Bush heads to Cincinnati to headline a Republican National Committee fundraising dinner, a visit to a crucial swing state his brother carried in 2004 that’s been lost to Republicans ever since. Bush allies have been pushing back hard on the conventional wisdom – espoused by me, too – that the former governor’s presidential hopes were dimmed by Eric Cantor’s surprise defeat, in a campaign where immigration became a huge issue. Still, a man who describes some illegal immigration as “an act of love” is inarguably out of step with the GOP primary base, Cantor’s loss aside.
Some Republicans have floated Bush as a smart choice for vice president, especially if the nominee is a green Tea Partyer from a Red State. “Jeb could be a safe choice for anybody,” Stuart Spencer, who helped push Ronald Reagan to pick Bush’s father for V.P., told the National Journal. “He has name ID, a Spanish background, [is] a former governor, and he’s conservative.” That seems crazy to me – Bush already played a kind of second fiddle to his younger brother; I can’t imagine him doing it again for, say, Ted Cruz — but it’s a sign of how hard some in the GOP want to shoehorn Bush onto a national ticket.
Of course, Christie’s backers continue to argue their guy will survive his allies’ legal troubles. On Friday he spoke to Ralph Reed’s Faith and Freedom conference. Meanwhile, Scott Walker appeared on Fox and Friends Friday morning to claim he’s out of legal hot water. “Many in the national media, and even some here in Wisconsin, are looking at this thing backwards,” Walker said. “This is a case that has been resolved.”
Asked if his troubles were comparable to Christie’s, Walker said yes. “There is no doubt that the media jumps on this, some on the left spin this. We get our detractors out there trying to claim there is more than there is.” But big GOP donors can’t be reassured by either governor. The party’s hopes now rest with two flawed candidates, one of whom insists he won’t run again, while Bush only equivocates. Reporters who are busy inventing rivals for Hillary Clinton in 2016 ought to put their imagination into coming up with presidential candidates for a party that truly needs them.
By: Joan Walsh, Editor at Large, Salon, June 20, 2014
“Why Scott Walker Will Never Be President”: A Political Style That Doesn’t Say Statesman
Scott Walker, an ardent Ronald Reagan fan from his youth, was never likely to follow Reagan’s footsteps to the White House. The Wisconsin governor lacks his hero’s way with words, skill for crossing lines of partisan and ideogical division (especially within the Republican Party) and confidence on the national campaign trail.
Yet Walker has wanted to believe in the possibility so badly that he has spent the two years since his 2012 recall election win positioning himself as a contender for the 2016 Republican presidential nomination. He penned a campaign book, Unintimidated: A Governor’s Story and a Nation’s Challenge, which was so transparent in its ambitions that Glenn Beck’s The Blaze refers to it as “the prototypical book about someone running for president who doesn’t want to come out and actually say that he is running for president.” He jetted off to Las Vegas to to try and impress Republican mega-donor Sheldon Adelson, but Adelson missed the Wisconsinite´s speech. He even persisted in making the rounds nationally after polls showed that his enthusiasm for presidential politics did not sit well with the Wisconsin voters he must face in a November re-election bid.
But with the release of documents in which Wisconsin prosecutors allege Walker helped to engineer an expansive “criminal scheme” to coordinate efforts by conservative groups to help his recall campaign—by circumventing campaign finance laws—Walker’s presidential prospects look less realistic even than those of his mentor, scandal-plagued New Jersey Governor Chris Christie.
The headlines in Wisconsin Thursday were damning:
“John Doe prosecutors allege Scott Walker at center of ‘criminal scheme’”
“Prosecutors accuse Walker of running ‘criminal scheme’”
And the national headlines were just as rough. “Prosecutors: Scott Walker part of ‘criminal scheme,” read the headline of a Politico story that opened with a breathless report that
Wisconsin Gov. Scott Walker participated in a “criminal scheme” to coordinate fundraising for the Republican in response to efforts to recall him and state senators from office, local prosecutors argue in court documents released Thursday.
Walker, his chief of staff and others were involved in the coordination effort with “a number of national groups and prominent figures,” including Karl Rove, says special prosecutor Francis Schmitz.
“[T]he evidence shows an extensive coordination scheme that pervaded nearly every aspect of the campaign activities during the historic 2011 and 2012 Wisconsin Senate and Gubernatorial recall elections,” Schmitz wrote in a December motion, on behalf of five attorneys from some of the state’s most liberal counties, just now unsealed by an appellate court judge.
Even worse for a governor who has already had to try an explain away highly controversial emails from former aides, as well as the investigations, prosecutions and convictions of aides, appointees, allies and campaign donors, are the actual details of the documents that were ordered unsealed by Federal Appeals Judge Frank Easterbrook.
“The documents include an excerpt from an email in which Walker tells Karl Rove, former top adviser to President George W. Bush, that (veteran Wisconsin Republican operative R.J.) Johnson would lead the coordination campaign. Johnson is also Walker’s longtime campaign strategist and the chief adviser to Wisconsin Club for Growth, a conservative group active in the recall elections,” reported the Milwaukee Journal Sentinel, the state’s largest paper.
The May 4, 2011, e-mail to Rove read: “Bottom-line: R.J. helps keep in place a team that is wildly successful in Wisconsin. We are running 9 recall elections and it will be like 9 congressional markets in every market in the state (and Twin Cities).”
Walker, who is certainly no stranger to controversy, claimed Thursday that he had been vindicated by judges who have restricted—and even attempted to shut down—the “John Doe” investigation into political wrongdoing. But other judges have sustained the inquiry.
Walker allies argue that he is the victim of a “witch hunt” organized by Milwaukee County District Attorney John Chisholm and other top prosecutors, who they allege are out to silence conservatives and harm Republicans. Chisholm is a Democrat, but he is also a respected prosecutor who has gone after Democrats and worked with Republicans.
Lawyers for targets of the probe are fighting to shut it down and, in this unsettled and uncertain post–Citizens United period with regard to state and national campaign finance laws, they believe they will succeed.
Attempts to halt the probe, which have been cheered on by advocates for a no-holds-barred “big money” politics, are part of a broader strategy to gut remaining campaign-finance laws. One way to super-charge the influence of major donors and corporate interests is to undermine bans on coordination between candidates and their campaigns with “independent” groups that operate under different and more flexible rules for raising and spending money during a campaign.
“If you don’t have restrictions on coordination, then the contribution limits become meaningless,” Paul S. Ryan, the senior counsel for the watchdog group Campaign Legal Center, explained. Ryan told Politico that without the restrictions, a donor “could max out under the limits [for donating to a candidate], but then you could also just say to the candidates, ‘Hey give me an ad script and we’ll walk down to the TV station and do this ad for you.’”
But even if the probe is prevented from going forward, the documents that have now been released—in combination with the February release of 27,000 pages of e-mails from the seized from the “secret e-mail system” computers of a former Walker aide who has been convicted of political wrongdoing—paint a picture of a governor whose political style does not say “statesman.”
There is no question that Walker is a hero to some Republicans, and to some conservatives.
But Republicans and conservatives who want to win back the White House have to be realistic enough to recognize that Walker has a paper trail that is unlikely to read well on the 2016 campaign trail.
In fact, if the Wisconsin polls that have Walker tied with Democratic challenger Mary Burke are to be believed, Walker might have trouble getting past the 2014 election.
By: John Nichols, The Nation, June 20, 2014
“Oh, The Wayward Priorities”: If Republicans Hated War Like They Hate Obamacare, There Wouldn’t Be an Iraq Debacle
The Affordable Care Act might eventually be a terrible idea for the country. Perhaps, as Paul Broun (R-GA) once said, “Obamacare is going to destroy everything that we know as a nation.” Maybe Michelle Bachmann is right when she claimed, “I believe God is going to answer our prayers and we’ll be freed from the yoke of Obamacare.”In addition to GOP lawmakers making statements vehemently condemning the Affordable Care Act, they’ve tried over 35 times to repeal the law in Congress.
When it comes to big government healthcare programs, conservatives have likened the ACA to everything from communism to death panels. However, when it comes to war, the GOP doesn’t see Uncle Sam picking the pockets of citizens. The $4 to $6 trillion that the Iraq and Afghanistan Wars will cost taxpayers never evokes anger from the Tea Party. Rather, it’s funding someone else’s surgery that really gets conservatives furious. Sadly, if Republicans viewed healthcare programs in the same manner as they viewed war over a decade ago, we wouldn’t be in the gigantic debacle called Iraq.
Soon after the death of three thousand Americans on 9/11, Republicans worked vehemently to sell the Iraq War. In 2002, the same Bill Krystal who now bemoans Obamacare believed a war in Iraq “could have terrifically good effects throughout the Middle East.”In 2002, Vice President Cheney in a speech stated the “entire world knows beyond dispute that Saddam Hussein holds weapons of mass destruction in large quantities.”In early 2003, the Bush administration told the UN Security Council, “Either you’re with us or against us.”
Any opposition leading up to the Iraq War Resolution was met with political attacks and even Vietnam War heroes weren’t safe from Karl Rove and a united Republican Party. Rove and Rep. Saxby Chambliss led the charge against Senator Max Cleland and questioned his patriotism for criticizing the impending insurgent war in the Middle East. Chambliss attacked the triple amputee Vietnam Veteran “for breaking his oath to protect and defend the Constitution,” in addition to besmirching his character for having the audacity to be against the Iraq War Resolution. In order to better understand the mood of the time period, it’s important to note that Chambliss got a medical deferment from Vietnam because of a football injury to his knee and Rove has never joined the military.
When General Eric Shinseki advocated a far greater troop level before the invasion-closer to a number like 300,000 soldiers — he too was denigrated by Republicans. However, by 2007, even Lindsay Graham was quoted in a New York Times article as admitting Shinseki was right. As a result of invading and occupying a country as large as Iraq with an insufficient number of troops (in addition to a number of other mistakes), Bush announced a surge of troops in 2007. Essentially, this surge worked as a draft in that it prolonged tours of duty, keeping American soldiers in combat longer than in any other war in U.S. history. This prolonged time in battle directly led to the record number of PTSD cases as well as exacerbating the issue of suicide in the military.
The Iraq War Resolution passed with 215 House Republicans voting for it and 126 Democrats voting against the war. In the Senate, 48 out of 49 Republicans voted for it while 21 Democrats voted against going into Iraq. After the initial invasion, President Bush addressed the United Nations in late 2003 and declared America’s invasion a noble endeavor:
The regime of Saddam Hussein cultivated ties to terror while it built weapons of mass destruction. It used those weapons in acts of mass murder, and refused to account for them when confronted by the world… Across Iraq, life is being improved by liberty.
While the country was still in shock, President Bush spoke confidently about the reasons for U.S. involvement in Iraq.
In 2004, Donald Rumsfeld justified the rush to war (and the fact Humvees weren’t protected from IED’s with extra armor) by saying, “As you know, you go to war with the army you have, not the army you might want or wish to have at a later time.” In 2007, after a civil war between Shia and Sunni threatened to destroy Iraq, President Bush addressed the nation in a speech defending a surge in troop levels:
The consequences of failure are clear: Radical Islamic extremists would grow in strength and gain new recruits. They would be in a better position to topple moderate governments, create chaos in the region and use oil revenues to fund their ambitions. Iran would be emboldened in its pursuit of nuclear weapons.
Changing his tune from 2003, and possibly forshadowing 2014, Bush advocated widening the war because “the consequences of failure are clear.”
Today, after all the monumental sacrifices made by American soldiers and their families, and with all the money spent nation building in Iraq, America has to contend with a new threat. Extremist militants named ISIS now have control of Fallujah (a one hour drive from Bagdad) and just recently conquered Mosul, one of Iraq’s largest cities and the home of two million people. Of course, the GOP is now changing the narrative from Bush’s speeches to a recent call for further military action in Iraq. Interestingly, no word yet has been heard from the Tea Party about the financial cost of further military action in Iraq.
It says something about a political party when a health care law is the end of the world, but an insurgent war is something worthy of attacking even a triple amputee war veteran to defend. If only one could go back in time and tie in an amnesty clause or a nationalized healthcare law to the Iraq War Resolution, then maybe GOP lawmakers wouldn’t have worked so hard to send the United States into the Iraq debacle. The truth is that the ACA, even if it falls short of its promises, won’t do nearly as much damage to this country as the Iraq War. Analyzing the GOP’s reaction to both will give you a good idea of its priorities.
By: H. A. Goodman, The Huffington Post Blog, June 15, 2014
“The Dick Morris Award For Pre-Election Hype”: Pre-spinning Elections Is Even More Obnoxious Than Spinning The Results
I know I have zero influence over the rhetoric deployed by Reince Priebus, but still, I’d like to start a backlash against this particular formulation by the RNC chairman:
The way Republican National Committee Chairman Reince Priebus sees it, 2014 won’t be an average election for the party out of power. It’ll be a “tsunami” wave election.
At a Christian Science Monitor Breakfast on Tuesday Priebus said Republicans would see massive gains in the 2014 election, especially in the Senate.
“I think we’re in for a tsunami election,” Preibus said. “Especially at the Senate level.”
“Wave elections” are big-trending events beyond normal electoral expectations. We have two recent examples in 2006 and 2010. “Tsunami” elections, if the term means anything at all, means really big wave elections. 1974 and 1994 are pretty good examples; 2010, at least at the state level, might qualify as well.
It will be normal, not a “wave,” for Republicans to make sizable gains in the Senate this November, if only because of inherently pro-Republican midterm turnout patterns, the tendency of the party holding the White House to lose seats in midterms (especially second-term midterms), and an insanely pro-Republican landscape of seats that happen to be up. If Republicans pick up eight or nine Senate seats, that might represent a “wave.” They’d have to exceed that significantly before we can talk about any sort of “tsunami.”
So cut out the crap, Reince. Pre-spinning elections is even more obnoxious than spinning the results, unless you are angling for the Dick Morris Award for pre-election hype.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, March 18, 2014
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