Steven Biskupic had a good day on Thursday, as someone other than his sister and the Milwaukee Journal Sentinel editorial board stuck up for him.
Testifying before the House Judiciary Committee, former Deputy Attorney General James Comey spoke highly of Biskupic and said he was not the sort who would prosecute people based on party (i.e. Georgia Thompson).
Reporting further on the matter, Josh Marshall of Talking Points Memo wrote:
... Having raised the questions about Biskupic noted above, I feel compelled to note that in subsequent conversations with others who I believe come with as much credibility as Comey has -- which is a great deal -- I've been told pretty much the equivalent of what Comey said today. These people don't necessarily know the specifics of the case in question. But they know Biskupic. And they vouch for the guy's character and reputation. They say they know him and he just would never do something like that.
The Brawler is, and has been, entirely willing to accept the proposition that Bisk brought a case that would benefit Mark Green and the Republicans without that being his intention. And if that seems a leading way to frame the matter, it's not. It's the facts.
And yet ... and yet ... When hearing people talk about what a great guy Bisk is, the Brawler cannot help but think about Kimberly Prude. the grandmother he put in jail for voting when she shouldn't have (she was on probation) and then trying to correct her mistake. Think about it: Bisk brought the full force of the federal government against a woman whose crime was this:
Ms. Prude's path to jail began after she attended a Democratic rally in Milwaukee featuring the Rev. Al Sharpton in late 2004. Along with hundreds of others, she marched to City Hall and registered to vote. Soon after, she sent in an absentee ballot.
Four years earlier, though, Ms. Prude had been convicted of trying to cash a counterfeit county government check worth $1,254. She was placed on six years' probation.
Ms. Prude said she believed that she was permitted to vote because she was not in jail or on parole, she testified in court. Told by her probation officer that she could not vote, she said she immediately called City Hall to rescind her vote, a step she was told was not necessary.
''I made a big mistake, like I said, and I truly apologize for it,'' Ms. Prude said during her trial in 2005. That vote, though, resulted in a felony conviction and sent her to jail for violating probation. (NYT, April 12)
She's now been in jail for more than a year. Feel safer?
Bisk, as we all know, conducted an investigation into possible voter fraud after the 2004 election. Republicans claimed we had turned into a second Chicago, with billboards voting and what not. After a nearly year-long investigation, Bisk declared that there was no evidence of voter fraud. Bisk fans -- of which there are plenty in the Milwaukee media -- hailed him as a hero.
To quote Eugene Kane, the self-described most hated black man in the Wisconsin blogosphere:
When Biskupic announced that his investigation produced zero evidence of widespread voter fraud in Milwaukee, it sent Republican activists reeling but sent a message to other citizens that this U.S. attorney wasn't a puppet on a string.
As the Brawler said before, it's pretty to think so. Bisk's declaration -- really no more courageous than saying the sky was blue -- didn't send Republican activists "reeling." It "sent" them to change a few notes but it was the same old song. The song went from "Voter fraud is rampant we need Voter IDs" to "Just one case of voter fraud is too much, we need Voter IDs." Clearly his declaration angered the state GOP, who complained about him to Rove, but that's a separate matter. Nothing Bisk did or said changed the Repubs' strategy of pushing for voter ID.
And Bisk's pursuit of poor black people like Ms. Prude (maybe Kane should ask for her opinion about Bisk, has he talked to her?) who were defended by court-appointed attorneys arguably gave legitimacy to this push because the Journal Sentinel could say "X number of case of voter fraud have been successfully prosecuted."
(And Bisk's high failure rate in these cases -- in which the feds were mostly going against court-appointed attorneys mind you -- illustrates how weak these cases were).
This is what Kane's fellow columnist in the big leagues, Patrick McIlheran, had to say in wake of Bisk's declaration:
There's no evidence of a concerted, massive conspiracy in Wisconsin to hijack the 2004 election. That's what U.S. Attorney Steven Biskupic said Monday.
Here's what he didn't say: that there was no cheating.
"I stand by the preliminary report," Biskupic said Monday to Journal Sentinel editors and reporters.
That report, last May, was that more than 100 people voted twice, used fake names or fake addresses or voted in the name of a dead person in the 2004 election in Milwaukee.
That is, they cheated. This week, Biskupic said it again: No particular party conspired to cheat, but plenty of people cheated anyhow.
He just can't prove it to jurors beyond a reasonable doubt.
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This week also brings news that Wisconsinites suffering colds must endure layers of rigamarole to score some pseudoephedrine. They can't just buy Sudafed; they must find an open pharmacy, where a registered pharmacist must log the sale, all because if you grind up enough cold pills, you can make a batch of crank. Of course, customers must prove their identity.
Those who oppose asking voters to do that say it amounts to disenfranchisement since many poor people, particularly African- American men, lack driver's licenses. A bill, vetoed in the summer by Gov. Jim Doyle, would have required photo ID of voters but also would have offered a free one to anyone lacking a license. The bill's offer would have opened other doors: relief from colds, the use of libraries, the chance to buy an Amtrak ticket, all of which require photo ID.
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This week also brings news that Wisconsinites suffering colds must endure layers of rigamarole to score some pseudoephedrine. They can't just buy Sudafed; they must find an open pharmacy, where a registered pharmacist must log the sale, all because if you grind up enough cold pills, you can make a batch of crank. Of course, customers must prove their identity.
Those who oppose asking voters to do that say it amounts to disenfranchisement since many poor people, particularly African- American men, lack driver's licenses. A bill, vetoed in the summer by Gov. Jim Doyle, would have required photo ID of voters but also would have offered a free one to anyone lacking a license. The bill's offer would have opened other doors: relief from colds, the use of libraries, the chance to buy an Amtrak ticket, all of which require photo ID.
McIlheran is a "Republican activist" under any meaningful definition and clearly he's not "reeling" here.
All of which is to say, yes, it's possible, likely even, that Bisk did not go after Georgia Thompson to save his job.
But it's less than accurate to say that he was a bulwark against partisan, destructive and baseless cries of voter fraud when he quite clearly dug as hard as he possibly could for cases that appeared -- no matter how thin the evidence -- to be fraud. And Bisk was quite aware that pursuing voter fraud was a priority of the Bush administration, given John Ashcroft had been saying it since January 2001. Do you remember him going after any Republican activists for seeking to block voter access?
All of which is to say, let's not measure Bisk for a halo quite yet.
UPDATE: Just to be clear, the Brawler thinks it's entirely possible, and even likely, that Bisk acted with the purest of motives in investigating and pursuing "voter fraud" and didn't have to be leaned on by higher-ups. But it's also clear that he knew the context and the score.