Posts Tagged ‘investigation’
Wisconsin Lottery Takes Over Election Administration
An improbable occurrence of duplicate “math tags” were found in the Government Accountability Board canvas of the June 5 Recall Election. A “math tag” is like a computer program saying “You’re IT!”, in a game of tag. You see, programmers may lie, but numbers don’t. When a programmer at Command Central voting vender corporation starts futzing with programing by such tricks as flipping every 10th vote, or applying any other manipulation of the vote count, these darn math tags pop up. Numbers want to tell the truth that is denied by the manipulation of programing. These corrections show up as an unusual instance of “matched numbers” in the vote tally.
But look for yourself. The scratch ticket below reveals the actual final canvas of the GAB for wards in Fond Du Lac County. If you look at the purple scratch off lines you can clearly see that the number “396″ is the winner!
Note: All of the research in this post has nothing to do with the “Wave” audit, since they do not share or publicize any of the results. They give no help or aid to any other researcher or organization and do not account for their on-going fund raising efforts. Read “The Wave’s John Doe Investigation”
“396″ shows up three times
Numbers are more non partisan than the PBS news, so “yes” there can be a predetermined result whether the winner is blue or red – the candidate with the number match does not mean that candidate rigged the election – it is just that the numbers will find anyway to bring truth to the tally regardless of which column needs to be altered.
The more “math tags”,like duplicate numbers, that show up, the greater the chances are that the numbers are straining beyond probability to tell the truth. Numbers will do anything to make things right, even arrive at “396″ three times in one county.
Math tags – Math tags everywhere
Below are some duplicate numbers from the official GAB canvas for Columbia County the City of Portage:
Columbia County >>>>>>>>>>>>>BARRETT >>>>>>>>WALKER
CITY OF PORTAGE Wards 1,9,10- >>685 – >>>>>>>>>>484
CITY OF PORTAGE Wards 2,3,5 – >>678 – >>>>>>>>>>436
CITY OF PORTAGE Wards 4,6,7,8- >662 – >>>>>>>>>>436
(All reporting units in Portage)
So, What are the chances in this “scratch off lottery”
We best turn to the work of Richard Charnin, the spread sheet wizard, for an answer. He compared the probability to a classic model of the likelihood of people in a room having the same birth date like this: There are 25 people in a room. The probability that at least 2 have the same birthday (365 days) is approximately 56%. Ok but we are looking at the probability of duplicate numbers showing up in a vote count.
Richard Charnin: “Here are the birthday(vote) match probabilities assuming 23 people in a room (or 23 wards): Probability (no match) =.493, p(1 match)= .363, p(2)=.111, p(3) =.018, p(4 or more) =.015. The probability of three wards in Fond du Lac having exactly the same number (396) of votes is p(2) = 11.1%”
Richard Charnin’s duplicate number probability spread sheet
More “math tags” in Chippewa County in the City of Chippewa Falls
In the research below prepared by Marrianne Moonhouse please notice that the duplicate “math tags” not only show up in the “Barret” total but in the “Triveldi” total and the “Scattered”(votes for all others) total as well.
CHIPPEWA COUNTY CITY OF CHIPPEWA FALLS
WARD – TOTAL – Walker – BARRETT – TRIVEDI – Scatter
Ward 1- 735 – 381 – 338 – 15 – 1
Ward 2 – 768 – 395 – 365 – 7 – 1
Ward 3 – 955 – 471 – 476 – 8 – 0
Ward 4 – 651 – 311 – 323 – 17 – 0
Ward 5 – 592 – 267 – 312 – 12 – 1
Ward 6 – 642 – 317 – 312 – 12 – 1
Ward 7 – 705 – 355 – 344 – 6 – 0
The weird “math tag” was only the beginning of the problems with the vote tabulation the Leinenkugel beer country of Chippewa County. For some reason the municipal level election totals were not reported until days after the election when they finally showed up in the GAB “certification”. These totals suggest 142 “under votes” in the Governor’s race, meaning that 142 people who showed up on election day did NOT vote in the lead race.
“Math tags”, Under votes, Secret Audits, Secret Programing
Perhaps it is way too late for the Wisconsin Lottery and the GAB to switch functions before the November Presidential Election. Too Bad. At least the scratch off and machine draw are 100 times more transparent and secure than anything vote machine vending corporations like Command Central or ES&S have to offer. Or maybe the Wisconsin Lottery can devise a scratch off card to replace the ballot in the November election with a side prize of a million dollars for one lucky voter. All things considered, this scheme would not be much less secure or statistically correct than the secret programming provided by covert private corporations and administered though insecure data systems like electronic voting machines.
Welcome to the Wisconsin Vottery
The Zealot Martyr of Wisconsin
The national political conventions take center stage and focus shifts away from Wisconsin and the past two years of the struggle for balance, voice, and fairness in a GOP loaded political conclave that included the governor, legislature, and judiciary. Walker “won” the recall by the same over reaching and cheating that permeated every minute of every day since the 2010 election.
As Walker has been applauded as a hero at the Republican Convention and held as a glory boy for fringe conservatives, it is a good day to remember the shoe that is still falling – the John Doe shoe.
The protest will not be remembered
To the surprise of absolutely no one — especially not Walker — he could not shake the protestors even as he traveled to Tampa . Walker appeared with other big-name conservatives at the Tampa Theatre for a Faith and Freedom Coalition event.
Walker told the OTC that his story with protesters can be compared to the relationship between the Harlem Globetrotters and the Washington Generals.
“Remember the Harlem Globetrotters?” he said.
“I do,” OTC said.
“Remember the team called the Washington Generals?” Walker said.
OTC did not.
“That’s the team that nobody remembers,” Walker said. “That’s the traveling team they always beat. Well, the protesters are the Washington Generals.”
So while Paul Ryan’s vice presidential acceptance speech may have brought Walker to tears, don’t expect him crying over protesters anytime soon.
The breaking news has slowed to a trickle in recent weeks as is the nature of a criminal investigation when litigated through the courts. Yet, the shoe is falling. On that note, just one cut from the Walker speech rang out as worth a listening ear. It was his blurb about the courage of leaders to reform, with an ear for a premonition – call me Ishmael but for the sounding of an Ahab soon to be swallowed by the John Doe whale.
It is difficult to listen to his speech and I put it off as long as I could. Thinking a reader would feel the same, I clipped a short portion of his speech where he casts himself as a martyr.
The John Doe shoe is falling
Some very important days will be arriving soon after months of stall and obstruction. While you are engaged in presidential politics and the conventions, this is a reminder that the clock is ticking…ticking, and before you know it Kathy Rindfleisch’s case will come to trial. followed in November by that of Diane Wink.
The Reindfeisch trial is scheduled.
Judge Hansher ruled that the 2002 immunity deal didn’t apply “if she committed additional crimes in the future.” He denied an earlier, similar motion by Rindfleisch.
She is scheduled to go on trial Oct. 15. Rindfleish immunity denied
Wink’s sentencing was moved to Nov. 21 by Judge Daniel Konkol at the request of Assistant District Attorney Bruce Landgraf. Wink’s cooperation is needed in the case of Timothy Russell, another former county official, and also in a Waukesha County case, Landgraf said
Wolff said Wink was eager to complete her case. She has continued working with the Republican Party of Milwaukee County, Wolff said.
One sweet, short and simple admission is really all that is necessary from these proceedings – testimony that Scott Walker was aware of the secret email network and its workings, all of which were occurring on a daily basis within 30 feet of his County Executives Office. Then would come the indictment and a just reward for a man that has manipulated the law, the story, and the grace of the people of Wisconsin.
“Unusually High” vote count in rural areas
Many rural counties showed a sharp shift to the right in the June 5 Recall election that left many people scratching their heads, “How is this possible?”. I am from Crawford County, and like so many other rural counties that voted strongly democrat in recent elections, Crawford County went for Walker by +100 votes. This was a curiosity that sent me to the County Clerk’s office in Prairie Du Chein to get a look at more information that was not displayed on the election web site, and I learned the election materials had already been send back to the machine vendor, Command Central, before the time prescribed by state statutes. You can read any number of the recent posts on this blog to learn more about the experience of trying to chase a greased pig with one arm tied behind your back.
Today, I want to talk to you about how the June 5 Recall election was stolen. Usually, Republicans could “count on” Kathy Nicholaus, the County Clerk of Waukesha County to “find” 7000 votes as she did in the Supreme Court Election. Since then, her little trick of writing her own programing and keeping it on her personal computer, has cost the tax payers of that county a quarter of a million dollars to reprogram the software for counting votes. Kathy was under the magnifying glass so a new plan was badly needed.
The problem with figuring out how and where votes were flipped isn’t immediately apparent. It takes days and weeks of looking at the “scratch your head” incidences, and pulling them all together for a larger picture. Craig Gilbert of the Milwaukee Journal Sentinel was one of the first to report the “rural shift”, eleven days after the election, in his June 16 article
In high-stakes Wisconsin elections, it often feels like the fiercest fighting occurs along the Milwaukee to Madison corridor.
That’s where the state’s three biggest counties are: Milwaukee, Dane and Waukesha. It’s where the state’s capital and largest city are. It’s where the geographic base of each party is. And it’s the most combative, media-intensive, politically polarized part of Wisconsin.
But that’s not where Gov. Scott Walker carved out his historic recall victory.
In geographic terms, the big story of the state’s June 5 election was Walker’s striking performance outside the Milwaukee and Madison media markets.
In demographic terms, it was Walker’s rural landslide. Craig Gilert Article in WSJ
Little did he know how he had put his finger on the pulse of monster whose tentacles curled into the most unsuspecting villages and hamlets of the Wisconsin countryside. I was personally attacked by this creature in the halls of the County Clerks office in Prairie Du Chein and was caught between releasing the county from an open records request to hold memory cartridges with official vote tally or held responsible for enraging the taxpayers with a $12,400 bill by the private corporation Command Central.
The Recall vote was not stolen by the “usual suspects” in Waukesha, Delafeild, or Milwaukee but in the rural counties like Crawford, Buffalo, Adams, and Trempealeau. The steal was not to find 7,000 votes in one city, but to chip and chisel a few votes here and there from rural areas throughout the state. It would take a statistical genius to uncover and present the numbers to expose this pick-a-little-hack-a-little strategy. Little did they know about the statistician extraordinaire, Richard Charnin.
Richard, who is not even from Wisconsin but resides in Florida, began working. You see, he had predicted the outcome of the June 5 election with his numbers on May 26 or eleven days before the election. That’s pretty good.
True Vote Model
The base case assumption in the 2012 Wisconsin Recall True Vote Model is that Obama had a 60% vote share is conservative. He had 63.3% in the Wisconsin exit poll (2545 respondents) but only a 56.2% recorded share, far below the 2.4% margin of error. There is a virtual 100% probability that Obama’s True share exceeded 60%. In other words, the 2008 election was extremely fraudulent, but not enough to cause Obama to lose.
Unlike final national and state exit polls that are adjusted to conform to the recorded vote and implicitly assume zero fraud, the True Vote Model is based on a feasible estimated turnout of previous election voters and best vote share estimates of returning and new voters.
The model calculates various scenarios (“sensitivity analysis”) of 2008 election voter turnout in 2012 based on the 2008 a) recorded vote, b) unadjusted exit poll or 3) estimated True Vote.
What does this portend for the recall?
1) Fraud: Walker wins by a similar margin as he did in 2010 (125,000 votes)
The latest statistical analysis from Richard Charnin
This is the latest statistical analysis of election fraud from Richard Charnin (pictured right) who predicted what the fraud factor would look like ten days before the June 5 election. Now he is creating a model which will boil it down to the Municipality:
I just created a Muni Recall True Vote model based on the elections.xlsx data. It uses the 2008 Presidential and 2012 Recall recorded votes. This is just a quick, first-cut. I will be adding improvements over the next day or two. Richard Charnin’s latest Municipal Recall True Vote Model
Look at the the Recall Results by minicipality
I took the liberty of taking a screen shot of Crawford County as seen below. (Richard frowns on this but I wanted to give you an idea of what you will find for your ward, town, or municipality when you look at the spread sheet. This is number art revealing the sheer beauty of statistical analysis!
The first shot shows the votes for Obama and McCan in the 2008 presidential election.
The third shot shows the numbers you will not find in your county clerk’s office. It shows the True Vote, as described above, in the yellow column. The blue column shows he voter turn out that would be necessary to arrive at those numbers. The last “pink” column shows the percentage in shift that would be necessary from those who voted for Obama in ’08 but showed up to vote for Walker on June 5. For instance, you see that over one third of the folks who voted for Obama in ’08 in Bridgeport or Lynxville would have needed to defect and vote for Walker on June 5.
If you can rationalize that shift, look at Ferryville where nearly half the of voters defected from Obama to Walker.
You can look at any ward, municipality, or village in Wisconsin and prove to yourself how the recorded vote in the June 5 Recall election is not only “hinky” or “smelly” – it is not statistically possible.
Prove election fraud for yourself. Have Fun!
A recall election to oust Republican Gov. Scott Walker from office could cost at least $9 million.
Wow! This is even more than Kleefisch projected in her TV ad by using simple math. She came up with a figure closer to $7 million.
GAB Director Kevin Kennedy cautioned that Friday’s numbers are estimates and election costs can vary. Republicans still pounced on the numbers, saying the state can’t afford recall after recall.
This is the classic “tail bites dog” story, that ever be told.
Since the story casts the donkey icon and democrats as the spend-happy villains, it might be pegged as more of a “tail bites ass” story. Anyway, Wisconsin republicans place the onus for the $9 million on the democrats, like the recall action targeting Walker/Kleefisch is a frivolous effort that is being orchestrated without real cause, or as Rebbecca Keelfisch says in her TV ad, “We already made our choice, back in November, just a while ago”. Life is so simple when you are pulling down $76,261 (after the recent increase) for being a former news anchor turned poster child and captain of the Walker cheerleading squad.
Kleefisch Plus Alter-Voice
Hey, GOP – Democracy is Free
The democrats did not just get together and do this in the dark of night. Wisconsin voters amended the state Constitution over 84 years ago. In 1926 laws were passed to allow for the recall of state officials. The democrats didn’t just post a late night meeting on March 9, 2011 to pass the recall legislation as did the republicans to end collective bargaining rights – a procedure resulting in an injunction in Dane County Court until it was finally ok’d by the state supreme court in mid June, following a choking incident, in a 4 – 3 decision. One of the four, Prosser, was elected under questionable found votes in Waukesha. Another of the 4, Gableman, is now under investigation for ethics violations for his “free defense” by Michael Best Law Firm.
But a Recall Election is too costly.
The democrats did not hire lawyers from Michael Best law firm to gerrymander the rules for recalling elected state officials, as the republicans did to draw new voter districts in their favor – a maneuver that is being reviewed by District Courts and has caused a mess of confusion as to who represents who in the state government.
But a Recall Election is too, too costly.
Not one associate of any democrat in the state senate or assembly has been granted immunity in a John Doe investigation in the past year, but the GOP and Walker cannot say the same. Associates of Scott granted immunity are: Walker spokesman Cullen Werwie, and GOP official Rose Ann Dieck, while associate Andrew P. Jensen Jr. was arrested for refusing to cooperate with the FBI investigation. Then of course William Gardner, president and chief executive officer of Wisconsin & Southern Railroad Co., whose company received grants from the state totaling $14 million, was sentenced to two years’ probation after pleading guilty to two felony violations of state campaign finance laws for exceeding the donation limits and laundering donations to Walker and other Wisconsin politicians. Not to mention the recent arrests of Walker’s former top aid Tim Russell, and his Milwaukee associates Brian Pierick and Kevin Kavanaugh who was Walker’s appointee to the Milwaukee County Veteran Service Commission, for charges including embezzlement and child enticement charges.
But a Recall Election is too, too, too costly.
The simple solution is to rescind the $14 million in grants from the convicted felon, William Gardner, and apply it to the cost of the recall elections and there would still be $5 million left over to launch a real investigation of Waukesha County Clerk, Kathy Nicholaus.
Or just buy a can of “democracy” shaving cream for 99 cents shave the whole Wisconsin executive, legislature, and court system clean.
Which will come first? Taking bets
After nearly a year of protests, demonstrations, and even a historic state senate recall election, finally the tables are starting to turn. The ball of tightfisted power grabbing is finally beginning to unravel. Now, the conjecture is: Which shoe might drop first?
I am willing to bet that the announcement by Chairman of the Democratic Party Mike Tate will be that enough signatures have been gathered to force a recall of Scott Walker and Rebecca Kleefisch.
However the plot thickens as just yesterday the first arrest was made in the John Doe investigation that has been on going since May.
Another major shoe has dropped in the John Doe investigation of Gov. Scott Walker’s current and former aides.
Fran McLaughlin, spokesman for Sheriff David A. Clarke Jr., confirmed that Jensen was behind bars Tuesday night. But McLaughlin said no one had filed a criminal complaint against the 50-year-old Milwaukee resident. Fist Arrest
Now we may wonder, as Walker is being pressed from all sides while the chickens come home to roost, which shoe will drop first?
Will, eagle scout, Walker be able to dodge John Doe allegations of illegal campaign tactics long enough to allow the people of Wisconsin to oust him in a recall election? This is a joyous turn of events in a year where new allegations of power grabbing and rule changing has greased the way for the passage of fringe conservative legislation, week after week, since the original bomb last February; the curtailment of collective bargaining rights for most public workers. The Walker administration guided by the Fitzgerald brothers appeared unstoppable through the long year of passage of bill after bill that threatened working families, teachers, public workers, children and, well nearly everyone who could be defined as a member of the 99%. Yes, this is a joyous turn of events at an appropriately joyous time of year.
Taking Bet Giving Odds
I am willing to bet that a recall election will not happen and the John Doe investigation will be the force to undo Scott Walker. Of course, the bet is a playful one. The vital outcome is the exit of the most ineffective leader in the history of Wisconsin politics – Scott Walker.
|Kathy Nicholaus remains the Clerk of Waukesha County|
Remember Your Outrage? Nothing Has Changed
Santa came in the form of Investigating Attorney Verhoff with the backing of his trusty elf GAB Directory Kevin Kennedy (pictured below ho ho ho)
They confirmed that all of the officials in Waukesha County were good little boys and girls who would never cheat, lie, or do anything naughty with voting software, vote bags, or inspector sheets. HO HO HO
Thirty-one million dollars.
That’s the amount of money that has been spent on the recall elections in Wisconsin, according to MAPlight.org. In fact, five of the nine recall races exceeded the previous record of $3 million spent on a legislative race in the state.
Do you need to be a conspiracy theorist to understand that when that kind of money is floating around in the legal sphere, that a portion of that largess is falling down into a darker sphere?
Tim Verhoff Lean Your Ear This Way!
Verhoff’s report a is a huge disappointment and a great disservice to the people of Wisconsin. It is a fact that electronic voting machines can be hacked. This is no longer a conspiracy theory or the machinations of malcontent libel loving liberals.
Mr. Verhoff, what if you heard it from a GOP member of the Assembly? Do you dismiss Representative Priedmore as a conspiracy theorist?
Priedmore’s admission that he KNOWS Electronic Voting Machines can be Hacked.
|All cued up and ready to go. Just hit play.|
The Recall Walker action looms. Thanks to Tim Verhoff, the man behind the curtain, nothing has changed.
The GAB Report “Fulfills the promise”?
Kevin J. Kennedy, director and general counsel of the G.A.B., said he believes Attorney Verhoff’s independent report and the accompanying staff report fulfills the G.A.B.’s promise to give the public a complete accounting of exactly what happened in Clerk Nickolaus’ office on Election Night and in the following days.
If the report is “a complete accounting” then the hole in my sock is the moon.
After reading the full report, one can only wonder why it took five months to complete. Are investigating Attorney Tim Verfhoff and GAB Director Kennedy really this naive about computer technology and programing?
Laptop not subject to audit?
The laptop on which Ms. Nickolaus stores the spreadsheets/templates and the Access 2007 database was not one of the computers that were the subject the audit. Ms.Nickolaus indicated she did not have security concerns with this laptop because it is used to gather unofficial results in an election. She also stated the laptop must be on the network to send the data to the Canvass Reporting System.
We are to be satisfied that nugget of testimony?
She was not concerned about the security of a laptop that was connected to Canvass Reporting System Network? What? A computer that is on the network is on the network. It doesn’t make any difference what the function is for the individual user, it is on the network. The networks of major banks and CIA have been hacked, and we get an explanation that her computer, that was on the network, was not subject to audit because it was used to gather “unofficial election results”? We are supposed to find this naive, donkey pong, overview of the vulnerability of computer networks…”satisfying”?
Engaging in “conspiracy theories”?
Public trust in the election process is essential. The poor condition of ballot bags and
potential breaks in the chain of custody of ballot bags can foster an environment where
members of the public begin to doubt the integrity of an election and begin to engage in conspiracy theories. But given the number of individuals in addition to Ms. Nickolaus who would have to be involved in a conspiracy to engage in the type of fraudulent election practices above, it appears highly unlikely to have occurred.
Highly Unlikely to Have Occurred
Since Verhoff and Kennedy have spent the last five months focused on questions of election fraud, do you think they might be aware of other instances where “the number of individuals” were involved in a conspiracy to engage in “the type of fraudulent election practices” they were investigating? In Clay County, Kentucky Some of the most powerful public officials including a Circuit Judge, County Clerk, and School Superintendent corrupted elections over a period of years, buying and stealing votes in pursuit of power and money. This was the ruling of a federal jury in March of 2010.
The report expects us to “be satisfied” that a conspiracy of individuals to engage in election fraud in Wisconsin, here, in the midst of this heightened atmosphere of sharp partisan politics where millions of dollars were poured into the recent recall elections from private interest groups – is unlikely?
Here Come the Conspirators
The likelihood of a conspiracy also is negated when one looks at the results of the election. The vote totals for the City of Brookfield were provided to a reporter on election night and published to the public by BrookfieldPatch. These are the same vote totals ultimately reported to the state Canvass Reporting system the morning after the election, certified by the Waukesha Board of Canvass and confirmed during the statewide recount.
Here is the ultimate and sweeping label to place on activists who threaten the status and power of the privileged; just call them a cult of conspiracy theorists. Before, Verhoff and Kennedy pull out the “conspiracy” card, it might be wise to look at their motives; what they have to gain, and what money they are following.
Many of the observers of the Waukesha recount were unpaid volunteers who gave of their own time and provided their own meals and transportation to participate in the process. They gathered evidence, took pictures of open vote bags, and produced videos and power point presentations to demonstrate their findings – all with no financial support from any organization or corporation. So, what was the motive then and now? It is clear, that Kloppenburg will not be declared the winner of the election. So why do they continue to conspire? Because they are convinced that they hold hard evidence of election fraud. The two most blatant examples:
Another, equally likely, scenario for withholding the election night report of the Brookfield vote from AP, might be the scenario presented in the article Prosser’s Delafield Mission.
It Appears Unlikely – Again
By failing to include the City of Brookfield in the unofficial results Waukesha County posted on election night, it appears Kathy Nickolaus violated the state law that requires her to post all returns. Her actions, however, do not appear to be the result of an intentional act, the refusal to perform a statutory duty or willful neglect. Therefore, her actions do not likely rise to the level of criminal misconduct.
Investigation Report is Riddled with Uncertainties
The major determinations of the investigation report use words “appears likely” and “appears Kathy Nickolau violated state law”. We are expected to be “satisfied” with this “kind of- sort of- maybe” language? The use of this uncertain language suggests the determinations are questionable. If the preliminary investigation is riddled with questions, then obvious action would be to appoint a special prosecutor armed with the judicial powers to examine evidence, bring the matter to trial, and reach a verdict.
Occupy the DOJ Mailbox – Demand an Investigation
The Occupy Wall Street movement is a great public outcry of economic injustice in this country. Yet, if the new energy of the evolving movement abadons the steps of the past in the dust, then activists are only chasing their tails. Activists have worked and organized to develop and document real evidence of election fraud in the Spring Supreme Court Election. Unless this evidence is presented, and further investigated by the Justice Department, it will be lost with the result of leaving us to begin all over again with the next time, the next election, the next instance of “found vote”.
In the two hours after Kathy Nickolaus’ press conference more than 10,000 people signed an on-line petition calling for a federal investigation. In the past two days, about 50 people signed the on-line petition at this most critical time. It is important to demonstrate that even after months of a GAB investigation, we demand the truth.
What is Immunity?
Immunity from prosecution occurs when a prosecutor grants immunity, usually to a witness in exchange for testimony or production of other evidence. It is immunity because the prosecutor essentially agrees to never prosecute the crime that the witness might have committed in exchange for said evidence.
The prosecution may grant immunity in one of two forms. Transactional immunity (colloquially known as “blanket” or “total” immunity) completely protects the witness from future prosecution for crimes related to his or her testimony. “Use and derivative use” immunity prevents the prosecution only from using the witness’s own testimony or any evidence derived from the testimony against the witness. However, should the prosecutor acquire evidence substantiating the supposed crime—independently of the witness’s testimony—the witness may then be prosecuted for same.
While prosecutors at the state level may offer a witness either transactional or use and derivative use immunity, at the federal level, use and derivative use immunity is the norm.
“You can fool some of the people some of the time…”
It’s a “Big Deal”
Gov. Scott Walker’s chief spokesman Cullen Werwie (pictured left), has been granted immunity in the ongoing John Doe investigation of the governor’s current and former aides, it was learned Friday.
records show Werwie was granted immunity April 14. According to the judge’s order, Werwie was planning to invoke his Fifth Amendment right not to answer questions to avoid self-incrimination.
“It is a big deal,” said Milwaukee criminal defense lawyer Stephen E. Kravit. “He recognizes he’s got (criminal) exposure and he negotiated for a proffer to get immunity, and that’s a big deal.
Werwie joined Walker’s campaign after the September primary and stayed on when Walker took office in January. He earns $61,000 per year.
Prank Phone Call Allegations “baseless?”
|Walker: So it’s, uh, this is ground zero, there’s no doubt about it. But, uh, I think, you know, for us, I just keep telling, I call, I tell the speaker, the senate majority leader every night, give me a list of the people I need to call at home, “to shore ’em up”.|
Democrats interpreted this comment to suggest that Walker was calling people with money to protect any potential wafflers to his plan in the legislature, and filed an ethics complaint. A reaction to the filing showed up on a Walker supporters blog, in which Werwie’s name comes up, with the heading:” GOVERNOR SCOTT WALKER….STANDS DOWN THE WHINING DEMS…”
GOVERNOR SCOTT WALKER….STANDS DOWN THE WHINING DEMS…
Meanwhile, the state Democratic Party on Monday filed an ethics complaint against Mr. Walker,alleging, among other things, that he violated campaign-finance laws during a recorded prank call recently posted online. The Democrats contend that Mr. Walker’s apparent request for help shoring up politically vulnerable Republican lawmakers from a caller he thought was a wealthy campaign donor constituted “illegal third-party coordination,” of campaign donations. Mr. Walker’s spokesman, Cullen Werwie, called the allegations baseless.
immunity Read Article
Were the Walker comments to the fake David Koch baseless? Did the ethics complaint by the Dems back in April open a door to fuel the fire of the John Doe investigation?
Walker: No Comment
Werwie: No Comment
Who else is on the “Granted Immunity” list?
Railroad lobbyist Ken Lucht and Republican operative Rose Ann Dieck.
Lucht is the manager of community development with Wisconsin & Southern Railroad. He received immunity on Jan. 14.
What does Lucht’s involvement with Wisconsin & Southern have to do with a Walkergate investigation? Why would Lucht be granted immunity?
Would you invest $166,000 to get a cool $14 MILLION? That’s what William Gardener did. Oh, and it was your money. William Gardener of Wisconsin & Southern Railroad was caught for the illegal campaign donation to Walker for Governor. Not because the GAB was vigilant or aggressive, but because a disgruntled former girl friend blew the train whistle on him.
The Government Accountability Board’s investigation into illegal campaign contributions made by Wisconsin & Southern Railroad Company and its owner, William Gardner, resulted in two felony charges and a record $166,900 forfeiture by the company.
That’s a lot of cash. But just look at what Gardener’s railroad received as compensation.
Here is a list of grant money awarded to his railroad: Governor Walker announces freight rail awards totaling over $25 million
March 11, 2011
Governor Scott Walker today announced 11 state awards totaling $25,515,123 that will be used to construct freight rail-related facilities, and preserve and upgrade rail infrastructure as part of overall efforts to support job growth and Wisconsin’s economy
Wisconsin & Southern Railroad Co. – (414) 438-8220
Bridge Rehabilitation and Replacement: The Wisconsin & Southern Railroad (WSOR) will receive a total of $3,647,149 in grant funds to cover 80 percent of costs for emergency rehabilitation and reconstruction work on system bridges in Rock, Dane and Green County.
Madison to Milton Phase II Track Rehabilitation: The Wisconsin & Southern Railroad (WSOR) will receive an additional $8,867,515 in grant funds to pay for 80 percent of the total $11,084,393 remaining costs of Phase II rehabilitation work on the Madison to Milton, Wisconsin rail line in Dane and Rock County.
Waukesha Track Rehabilitation: The Wisconsin & Southern Railroad (WSOR) will receive a grant of $1,454,594 to cover 80 percent of the $1,818,243 total cost of rehabilitate 1.8 miles of rail line in the Waukesha area. DOT Report
Add up the grants. Somewhere around 14 MILLION. Now. that is what I call a sound investment return.
Lucht’s attorney could not be reached late Friday.
Rose Ann Dieck is a GOP zealot with a capital “Z”
Dieck is a former teacher who is listed as the chairwoman of the southwest suburban branch of the Milwaukee County Republican Party. Records show she invoked the Fifth Amendment during the John Doe, and the judge issued an order granting her immunity on Dec. 21.
She also provided a helping hand to state Sen. Alberta Darling, a River Hills Republican, during her recall election.
“They’re taking away the rights of those who voted for change,” Dieck said during an interview with WTMJ-TV (Channel 4) during March protests at Stone’s campaign office. “There was an election on Nov. 2. The people in the state of Wisconsin said we need change.”
Dieck’s attorney also was not available Friday afternoon.
The Tale of Two Scott Walkers – Trapped in Deceit
Walker’s most unforgivable deceit was his campaign
Most of us came to know the Scot Walker #1 when he was running for Governor. Many of us watched the debates with pricked ears to get some idea of his agenda for Wisconsin, and we knew he was opposed to the Obama fast rail proposal, we knew of his plans to cut the state budget, yet the most controversial action to end collective bargaining was not mentioned by Walker #1.
Walker #2 didn’t suddenly arrive at the plan to end collective bargaining on the day he took office, he knew of the plan and the far reaching impact all along. He thought of it as “the bomb”, and as you will read below, he was already orchestrating security plans for the protests that he knew would result as a reaction. But this was campaign time. He had to gain power first. His lips were sealed like someone with a history of wife beating who is engaged to be married and who isn’t about to let his partner know till after the wedding.
He’ll say anything to get elected
In our 20/20 hindsight the add run by Tom Barrett rings with a resounding and reverberating truth that echoes in mult-decibels above the volume of it’s original debut. It was one of our first alerts to the presence of Walker #2, who was laying and lying in wait in the dark shadow of deceit that followed Walker #1.
An early introduction to Walker #2
Ouch~ that message rings so true that it hurts. Unfortunately, Barrett didn’t get a leaked email, or snippet of conversation from Walker #2 and his real plan. If only he had and we had known of the plan to end collective bargaining before the election, Barrett would be the Governor.
Walker #1 is sworn in. Walker #2 emerges.
Just a month after Walker #1 becomes Governor a grand dinner is held at the mansion, when Walker #2 will sit at the head of the table before the exclusive audience of his cabinet- Oh! Plus just one other person: Cynthia Archer.
The voice and nature of #2 was first revealed to the voting public by mistake, he thought he was speaking to David Koch in a private conversation when he said:
|This is an exciting time. This is — you know, I told my cabinet, I had a dinner the Sunday, or excuse me, the Monday right after the 6th. Came home from the Super Bowl where the Packers won, and that Monday night I had all of my cabinet over to the residence for dinner. Talked about what we were gonna do, how we were gonna do it. We’d already kinda built plans up, but it was kind of the last hurrah before we dropped the bomb. And I stood up and I pulled out a picture of Ronald Reagan, and I said, you know, this may seem a little melodramatic, but 30 years ago, Ronald Reagan, whose 100th birthday we just celebrated the day before, had one of the most defining moments of his political career, not just his presidency, when he fired the air-traffic controllers. And, uh, I said, to me that moment was more important than just for labor relations or even the federal budget, that was the first crack in the Berlin Wall and the fall of Communism because from that point forward, the Soviets and the Communists knew that Ronald Reagan wasn’t a pushover. And, uh, I said this may not have as broad of world implications, but in Wisconsin’s history — little did I know how big it would be nationally — in Wisconsin’s history, I said this is our moment, this is our time to change the course of history. And this is why it’s so important that they were all there.|
Walker #1 continued to appear before the public making statements to continue to cover for #2, saying that curtailing collective bargaining was an imperative to balancing the budget. Of course, this just was not true, truth was never a concern for #1. Then came the inevitable day when Walker #1 and #2 actually met, and where, of all places but the Congressional Hearings, testifying under oath before Dennis Kucinich:
Walker #1 meets Walker #2
“How much money does it save Gov. Walker?” Kucinich demanded. “Just answer the question.”
“It doesn’t save any,” Walker said.
“That’s right. It obviously had no effect on the state budget,” Kucinich replied.
Kucinich said it was clear the attack on collective bargaining rights was a choice and not a fiscal issue. “It’s a political issue,” he said.
As the John Doe Walkergate investigation continues Walker #1 and #2 slam into one another with each new day.
Why is it so difficult for zealots to understand that the truth and deceit must meet. If not today or tomorrow, then next month or next year? A wife beating man can hold back the truth from his fiance until after the wedding, but the beating and the consequences are sure to appear. A campaign can be run with “a bomb” of a hidden agenda, but the day will come when the truth will out. For the Walkers it is coming down now. The two Scott Walkers are holding on to their opposing gates for dear life, but they must inevitably slam, one into the other.
Of course the Walkergate investigation “has legs”
Irony is the king of human foibles. While investigative reporters are working to uncover the mysteries of the John Doe Walkergate investigation to feed an insatiable public, the Walkers are having a gala croquet benefit on the lawn of the mansion for what reason? To raise funds for it renovation? Ok. Wonder which Walker won?
People at PR Watch were too busy to hit balls through metal hoops but did manage to dig up a few telling emails that prove the dissociation of the two Walkers. The emails prove that the campaign of Walker #1 was a lie and that Walker #2 held a hidden agenda for the “a bomb” for workers, including plans to call out the National Guard, that was not business of the voting public.
The Center for Media and Democracy has a number of Archer emails from an open records request to the Walker administration earlier in the year. The emails are from the critical week of February 7, 2011. The collective bargaining bill, which sparked massive protests and recall elections for eight Wisconsin Senators, was introduced on Friday, February 11, 2011.
PREPPING DAMAGING TALKING POINTS: The emails reveal numerous instances where Archer and her team gathered data to prep. talking points for the governor. For instance, on February 10, the day before bill introduction, Archer asked DOA staff (pdf) to dig up “the top three union overtime people – what their annual salary is and what it is after overtime” so that the governor’s remarks and talking points could include jabs attacking “overpaid” state workers. Not surprisingly, the list that was produced included nurses at institutions such as correctional facilities and mental health facilities, as well prison guards and officers. High turnover and understaffing at these institutions is a chronic problem.
CLOSING THE DOORS: The improperly redacted language mentioned above is revealed in a later email pdf when Keith Gilkes forwards Archer’s original email to Brigadier General Donald Dunbar of the Wisconsin National Guard, asking him to attend the meeting. The redaction reads: “We have talked about external building security for employees entering and exiting our buildings. If the situation warrants, you should be prepared to limit the number of entrances and exits you have open in your buildings. In the event you experience problems (unruly picket lines, harassment of incoming employees, blockage of your entrances,) you should call 911. We will rely on local law enforcement to assist us.” The DOA’s decision to lock down the capitol and limit access for months after the protests is still being litigated in court. Dunbar was recently promoted to Major General by Walker.
The emails reveal an administration well aware that by introducing the collective bargaining bill they would be “dropping a bomb” in the state. Archer, along with a few key political personnel, was deeply involved with preparing the governor’s union-busting policy and organizing the “contingency planning” for protests and other actions. The emails also reveal how important a role Archer played in the administration.
The Latest Crashing Gates
Today, news broke that the Walker administration lawyers have petitioned the courts to withdraw an affidavit filed by Archer in a lawsuit brought by the unions against the collective bargaining bill. Apparently, Scott Walker no longer agrees with her sworn testimony or no longer has faith in one of his chief lieutenants.
Polonius to Laertes – Hamlet
To thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man.