Gableman ‘gone rogue’ in probe, judge said
Open records case has returned few answers
MADISON – The former state Supreme Court justice reviewing the 2020 election for Assembly Republicans has “run amok” and “gone rogue,” an exasperated judge said after getting few answers about why records of the probe have been withheld from the public.
The comments from Dane County Circuit Judge Valerie Bailey-Rihn came as an attorney for Assembly Speaker Robin Vos of Rochester argued he could not force ex-Justice Michael Gableman to turn over documents to the court.
“What you’re telling me is Mr. Vos hired a contractor who should be under his control and direction and he’s just run amok and is flatly refusing to follow any of the court’s guidance or orders that subject Mr. Vos to liability,” Bailey-Rihn said.
Later, she said Gableman appeared to have “gone rogue.” She made the comments Thursday after Vos’ attorney, Ronald Stadler, said he didn’t have the authority to search Gableman’s computer and smartphone, telling her, “I don’t have control over Mr. Gableman.”
Bailey-Rihn said she was skeptical that Gableman and the Assembly had met the requirements of the open records law because they have not offered a detailed account of how they searched for records sought by the liberal group American Oversight.
“That leads me to think they’re hiding something or they don’t want to tell this court that they’ve turned over all the records because they haven’t,” the judge said.
Vos gave Gableman a $676,000, taxpayer-funded budget last year even though recounts, courts and independent reviews had found Joe Biden beat Donald Trump in Wisconsin by nearly 21,000 votes.
American Oversight filed a string of records requests and brought three lawsuits when it didn’t get documents it said it was owed.
Bailey-Rihn said part of the reason there is a dearth of records from the Assembly is because some of those who were hired to assist Gableman did little for the weeks they were paid by taxpayers.
“The reality is at least as to some of the contractors, they said, ‘We did nothing for a month and a half and got paid.’ OK, that’s at least an answer to this court that they don’t have any records because they didn’t do anything. They got paid by the taxpayers but they didn’t do anything,” Bailey-Rihn said. Bailey-Rihn found Assembly Speaker Robin Vos of Rochester in contempt of court in March for the Assembly’s handling of records.
She said Thursday she would not lift the contempt finding for now and would start fining Vos if he does not remedy the situation or more fully explain why Gableman does not have more records he can make public.
Gableman has conducted his work in secret and published two reports that mostly rehashed the findings of others who have been critical of how the election was conducted.
In March, Gableman called on lawmakers to consider decertifying the election results — a move his own attorney, James Bopp Jr., has said is legally impossible.
Republican leaders have said Gableman has since backed off on the idea. Vos this month said Gableman has paused his review of the election but will continue to be paid while he participates in litigation over the review.