On Feb. 11, 2013, Falk wrote in an email to Milwaukee County Assistant District Attorney David Robles that “A la the U.S. Supreme Court decision in Caperton, (Justice Patience) Roggensack may have to recuse herself from any appeals on this Badger Doe. (The conservative group) Club For Growth WI has been running expensive TV ads for Roggensack — issue ads but a clear support of her.”
“DA Chisolm (sic) may want to take this into consideration in his review of proceeding on this matter. I think it helps significantly,” Falk wrote, apparently referring to a potential court case prosecuting targets of the probe.
Ultimately, prosecutors sought to have two conservative justices, David Prosser and Michael Gableman, recuse themselves from litigation over the investigation, but not Roggensack.
So here you have a lawyer for the “non-partisan” Government Accountability Board making suggestions on a strategy to force a conservative Justice to recuse herself so that the illegal Doe prosecution could survive a legal challenge.
Clearly the GAB was an active and activist contributor to an unconstitutional prosecution. I hope Wisconsin legislators keep these actions in mind and throw the whole GAB into the “bad idea” trash can. And anyone currently working for the GAB should be prohibited from working for whatever agencies take over its functions.