Milwaukee Journal Sentinel

Schimel now says voter fraud probe open

AG contradict­s earlier statements

- PATRICK MARLEY

MADISON - Under fire from conservati­ves, Wisconsin Attorney General Brad Schimel said this week an investigat­ion into voter fraud remained open, contradict­ing comments he made hours earlier that the probe had been closed.

Schimel suggested his investigat­ors may yet review more than 100 hours of undercover video shot by Project Veritas Action, a group run by conservati­ve activist James O’Keefe.

“It’s not the end of it,” the Republican attorney general said Thursday on “The Mark Belling Show” on WISN-AM (1130).

Schimel’s office released a memo this week from an investigat­or saying he found no violations of Wisconsin laws. Just hours before he claimed the investigat­ion had not been shut down, Schimel told the Wisconsin Radio Network the memo had been released because the investigat­ion was closed.

Schimel spokesman Johnny Koremenos on Friday said the memo had been released in error and declined to answer other questions.

At issue is a series of videos O’Keefe released leading up to last year’s presidenti­al election that O’Keefe claims reveal a voter fraud scheme and other crimes. At the time, Schimel’s office released a statement saying the video showed “apparent violations of the law.”

The newly released memo appeared to shut down the investigat­ion, with the head of Schimel’s criminal litigation unit, Roy Korte, writing there was no suggestion that any Wisconsin laws had been broken.

That elicited a strong reaction from O’Keefe, who on Thursday released a short video telling Schimel, “We should investigat­e you and you should lose your job.”

Belling raised similar concerns about how Schimel handled the matter in his interview with him. Schimel responded by saying the investigat­ion was not closed.

“I appreciate the work that groups like Project Veritas do to expose corruption and criminal conspiraci­es, but the war of words that has sparked up in the last 24 hours is incited by fake news, Mark,” Schimel said.

But hours earlier, Schimel described the investigat­ion as closed in his interview with the Wisconsin Radio Network.

“We didn’t seek to shame anyone but when we do an investigat­ion, that is after we close it, it is a public record and therefore when members of the media wanted to see the results of the investigat­ion they were able to get their hands on that,” he said.

“We did take it seriously and looked at this to see whether there was something we could pursue and just concluded that there’s

not anything that provided itself as a viable investigat­ory lead.”

The Journal Sentinel began requesting documents about the investigat­ion in October, but was told they could not be released because it was ongoing. On Jan. 18, Assistant Attorney General Paul Ferguson told reporters for the newspaper that he expected the investigat­ion to be done soon.

This week, Ferguson released Korte’s Jan. 31 memo and said Friday that the investigat­ion

had been closed. But Schimel’s spokesman later said the investigat­ion was ongoing and the memo had been released in error.

Korte reviewed two videos shot by Veritas of Democratic activist Scott Foval that have not been released publicly. An attorney for Veritas in October offered a third video of Foval to Schimel’s Department of Justice if the agency would agree to allow Veritas to blur the face of one of the people involved in the undercover operation.

No one from Schimel’s office got back to Veritas over the next six months, according to O’Keefe.

Schimel told Belling he didn’t know the third video was available until this week and had now requested it.

Schimel also noted that O’Keefe claims to have more than 100 hours of footage of liberal organizer Robert Creamer of Democracy Partners.

“We’re going to be interested in that,” Schimel told Belling.

O’Keefe made his name in 2009 with videos that brought down the community organizing group ACORN. He later agreed to pay a $100,000 legal settlement to an ACORN employee and in 2010 pleaded guilty to a misdemeano­r as part of another undercover operation.

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