Judge orders Michael Gableman to turn over withheld records for review

MADISON – A Dane County judge on Friday ordered Assembly officials to turn over to the court sealed copies of records related to a taxpayer-funded review of the 2020 election that have been withheld from requesters for months.

Dane County Circuit Court Judge Frank Remington in issuing his ruling said he was not impressed with arguments to keep the records from public view that have been put forward by Assembly Speaker Robin Vos and former Supreme Court Justice Michael Gableman, who is leading the review.

"I'm unimpressed by the argument that somehow (the) Legislature is above the law," Remington said in a hearing held Friday in one of three lawsuits filed by the liberal group American Oversight seeking records related to the review from Gableman.

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Gableman and Vos have said they want to keep the records private until the conclusion of the review that has a budget of $676,000 and is in its seventh month.

Remington questioned the legitimacy of that plan on Friday, saying Gableman is not conducting a law enforcement investigation.

The records requested under the state's public records law are due to Remington by Jan. 31 and will be kept under seal as he reviews them to determine whether the records should be released publicly.

Gableman's attorneys objected to the ruling, saying Remington did not have authority to issue it because Gableman had not yet been served in the matter.

Remington said he would consider the objection and if he determines he does in fact have the authority, Gableman will instead have four days to run over the records.

Gableman's contract with the Assembly expired in December but Vos said in recent weeks he is negotiating a new agreement. An attorney for Gableman said Friday a new contract existed but later back-peddled after the Milwaukee Journal Sentinel requested the agreement from Assembly officials.

Assembly Chief Clerk Ted Blazel said he did not have a copy of a new agreement if it exists. Remington said it's problematic if the new agreement is verbal.

"Having spent decades representing state government, the notion that a government employee would extend a contract with the government by some acquiescence or language sort of sends a little shudder down my spine," he said.

Vos has said he wants Gableman to wrap up his review by the end of February but Gableman's team has said that's unlikely. The group is probing the outcome of the 2020 election in Wisconsin, which has already been scrutinized through recounts, court proceedings and independent reviews.

Courts have upheld President Joe Biden's victory over former President Donald Trump by about 21,000 votes in Wisconsin.

More: A who's who guide to the Republican review of Wisconsin's 2020 presidential election

Some records about the Republican election review have already been released, including ones showing Gableman has met with and hired election conspiracy theorists as part of his review.

Contact Molly Beck at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.

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This article originally appeared on Milwaukee Journal Sentinel: Judge orders Michael Gableman to turn over records for review