Judge Lanford, however, warns Gableman about pursuing subpoenas
Lanford denies Gableman’s motion to dismiss the case
Lanford denies Meagan Wolfe’s motion for a temporary injunction
Jan. 10, 2022 | MacIver News Service
On Monday, a Dane County Judge decided not to protect the Wisconsin Elections Commission from subpoenas concerning its role in the 2020 election, but she also warned investigators not to enforce those subpoenas either.
Former Supreme Court Justice Mike Gableman is leading the investigation for the State Assembly. This past fall, he issued 17 subpoenas to Madison Mayor Satya Rhodes-Conway, Green Bay Mayor Eric Genrich, Wisconsin Elections Commission Administrator Meagan Wolfe, and other public officials. The subpoenas were signed by Assembly Speaker Robin Vos.
“I requested information from the Wisconsin Elections Commission (WEC) and certain clerks about election procedures and information they possessed,” Gableman explained. “I issued subpoenas, as I am lawfully authorized to do as part of my Office’s investigation as a function of legislative oversight.”
He pointed out that whatever he learned through the subpoenas could not be used against those individuals in court. Regardless, everyone refused to share any of the requested information with the investigation. WEC and its administrator Meagan Wolfe sued to block the subpoenas on Oct. 21, 2021 in Dane County Court.
“WEC’s actions beg the question: What are WEC and the recalcitrant city clerks hiding from the public and our legislature?” Gableman said.
“I never in my wildest dreams thought that we would see so much opposition from liberals, especially those funded by George Soros and other far left-wing groups, to fight against any attempt to get to the bottom of what happened in 2020,” Speaker Vos told the MacIver News Service last week.
WEC’s case was assigned to Dane County Judge Rhonda Lanford. She made two decisions on Monday, January 10, 2022. One for Wolfe and one for Gableman (sort of).
Gableman argued the case should be dismissed because state law did not give WEC the authority to sue the legislature. Lanford decided state law did not prohibit it either.
Dismissing the case outright “would give unfettered power to the legislature, even when there are constitutional implications. Finding no standing for the Plaintiffs to bring these claims would insulate or immunize constitutional challenges from this court’s review,” Lanford decided.
On the other hand, the judge denied Wolfe and WEC’s request for a temporary injunction to block the subpoenas, because they couldn’t explain how it would harm them.
“Plaintiffs have not shown irreparable injury, an inadequate remedy at law or preservation of the status quo – elements necessary for the Court to consider in deciding whether to grant a temporary injunction,” Lanford said.
However, even though Judge Lanford denied the temporary injunction, the case is still open, and Gableman didn’t exactly get a green light to go ahead with the subpoenas.
“Should [Gableman] seek to enforce the subpoenas before this case is decided on the merits through contempt, imprisonment or other means…” Lanford wrote. “Plaintiffs can certainly file another motion for temporary injunction that the Court will schedule as soon as its calendar permits.”
At which point, they would presumably have an example of “injury.”Gableman-Dane-County-Court-Ruling