Fair Elections?  Not in Lister’s Court

I have a few more details about this case:

A judge’s apparently unprecedented decision Saturday to order a halt to political ads before hearing from the ad’s sponsors drew immediate criticism as an unfair restraint of free speech.

Jackson County Circuit Judge Thomas Lister defended his emergency order, which was requested via telephone Friday by state Democratic Party attorneys representing an Assembly candidate in a hotly contested race in western Wisconsin.

Here are a few facts to keep in mind:

1) The judge was appointed by Doyle in July.
2) The judge practices in Jackson County, as does the plaintiff, Democrat candidate Radcliffe.
3) Lister gave money to both of the liberal candidates for the Supreme Court in the past two races.  Bear in mind that the Coalition for America’s Families was active in both of those races. 

Clearly, this is a judge who is a democratic activist.  Did it have an impact on his decision?  Let’s take a look. 

The first thing that jumps out is the timing of the case.  Here’s the timeline:

1) The case was heard in Lister’s courtroom on Friday.
2) The order was faxed from Radcliffe’s law office to the Democratic Party of Wisconsin at 9:49 am Saturday.
3) At 10:39 am, the Judge called Coalition for America’s Families.  This was their first notification.  You can hear the time stamp and the Judge also gives the time.  Here’s the recording of the judge’s voicemail.

As you can hear, the judge is telling them that he has already signed an injunction and scheduled the hearing for noon on MONDAY.  Obviously, the election is on Tuesday.  Apparently, the judge and everyone else can work on a Saturday morning but not on a Saturday afternoon in the interest of fair elections.  Furthermore, the judge clearly signed the injunction without even bothering to pick up the phone to get the defendant’s side. 

In case you hadn’t guessed, this information was leaked to me.  Yes, it is only one side of the story, but they have the documentation, recordings, and time stamps to back it up. 

The merits of the case are clearly on the defendant’s side, but I won’t go into that at this point.  Obviously, the judge didn’t care much about the merits either. 

This looks like a pure political hatchet job by a bunch of Democrat hacks.  Wisconsin should be ashamed that this kind of stuff is going on. 

UPDATE: The judge had a hearing today and renewed his ban on the ad.  The hearing was originally scheduled until Monday until the judge got heat.  This is going to be overturned, but it won’t matter.  The judge has succeeded in squashing the free speech of the side he doesn’t like until it’s too late.  Abuse of power?  Oh yeah. 

1. I agree that the injunction won’t stand up in the light of day, but these groups are offering up what is for all intents and purposes political pornography.

   Do you think that any of these garabage ads will run on Wednesday morning?  Of course not, which is the clear indication that they ARE express advocacy.  No one who watches is under any illusion about what vote these political pornographers seek.

   These ads should be subject to registration of the sponsors with the GAB and the groups should have to disclose the source of the funds.  Requiring such disclosure would cause the ads to disappear, of course, since the snakes who pay for them will slither back into the shadows once the light shines.

   These comments apply equally to those groups which run this crap on the left side of the ledger as well.  A pox upon all of them.  They are wicked, wicked people.

   Posted by on November 02, 2008 at 0037 hrs




2. Hey Wally… a pox on all houses indeed.

   Let’s get an injunction on Obama’s Social Security ad, stem cell ad and health care ad.

   Those are all lies.

   Lister is a political opertaive in a robe. and while I would reserve such terms, this exceptional overreach calls for it.

   Lister is a fucking fascist pig. A fucking marxist pile of crap.

   And if I hope that son of a bitch tracks me down because i will tell that to his face and I will be happy to be in contempt of his lawless court.

   Bring it on!

   If this is how you assholes want to dance, there are a few of us ready to take you down.

   Come and get us.

   Posted by on November 02, 2008 at 0151 hrs




3. A reading lesson for the apparently anally-oriented “WallyWorld”—note my opening sentence:  “I agree that the injunction won’t stand up in the light of day...”

   You dislike the Obama ads, my friend, but you know who stands behind them.  In the case of the slime spread by the creeps at “All Children Matter”, we have no idea from where the money came. 

   Remember that All Children Matter paid a mult-million dollar fine in Ohio and that a similar case brought against it here for election fraud in 2006 has yet to be resolved.  Again, these groups on BOTH sides of the political aisle are a cancer upon the electoral process. 

   They should be free to spread their filth, of course, but the weasels who give the money should be identified.

   Posted by on November 02, 2008 at 0706 hrs




4. wally, your left is showing.  None of the 527 organizations that pay for these ads, I repeat, none, are required to disclose the source of funds, including the ones that advocate for your beloved Messiah.

   I don’t like the slimy ads either, but, the fact of the matter is, if they didn’t work, nobody would run them.

   Posted by on November 02, 2008 at 1008 hrs




5. 1. The campaign is taking place in Jackson County, that is where the lawsuit has to be filed.
   2. Lister gave money to Republican Legislators.
   3. With the election being on Tuesday not issuing an injunction would have given irreparable harm to the plaintiff.
   4. According to the Journal Sentinel article, the hearing is Sunday morning not Monday.

   Posted by on November 02, 2008 at 1108 hrs




6. I’m wondering why the affected media hasn’t jumped in with “amicus curiae” filing - certainly seems warranted in this case - they should be protecting their rights to broadcast too.

   I think this kind of crap is only going to get worse - everything must pass the “political correctness” test, if this keeps up.

   Talk about your “legislating from the bench.”

   Posted by on November 02, 2008 at 1226 hrs




7. Hey, cynical—I am opposed to permitting the 527 groups to spread their filth unless they comply with the laws that regular political committees have to comply with—i.e. register with either the FEC or the applicable state agency, only accept legal campaign contributions, and disclose their donors.  Why is this so hard for you to understand?

   Posted by on November 02, 2008 at 1240 hrs




8. Remember that Judges do what they think the Supremes allow them to get away with. Remember this in the upcoming election when our Chief Justice is running.

   Posted by on November 02, 2008 at 1438 hrs




9. Hooray for this:

   Appeals court stays ruling that held up election ads
   By Patrick Marley of the Journal Sentinel

   Updated: Nov. 3, 2008 12:28 p.m.

   Madison - A state appeals court today stayed a judge’s order that took a group’s political ads off the air, just as a hearing before the trial court was about to begin.

   “The trial court’s temporary restraining order - which was issued before any evidentiary hearing on the truth of the matter asserted was held - is hereby stayed,” the three-judge panel ruled.

   -------------------------------------------

   http://www.jsonline.com/news/wisconsin/33754049.html

   Posted by on November 03, 2008 at 1433 hrs