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by
Rick Moran

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January 11, 2014 - 1:25 pm

Special Prosecutor Francis Schmitz, who is looking into supposed illegal coordination between independent conservative groups in Wisconsin and the recall campaign of Governor Scott Walker, got a nasty surprise from a state judge on Friday.

Some so-called “John Doe” subpoenas issued by Schmitz were ruled improper because they “do not show probable cause that the moving parties committed any violations of the campaign finance laws.”

The Wall Street Journal reports:

The quashed subpoenas were sent to Friends of Scott Walker, Wisconsin Manufacturers & Commerce Inc., the Wisconsin Club for Growth, and Citizens for a Strong America, as well as their officers and directors. Judge Peterson’s order doesn’t apply to other subpoena targets, but they can presumably get the same result if they file a motion with the judge and have a similar factual basis.

The order is all the more remarkable because it bluntly rejects the prosecutor’s theory of illegal coordination between the groups and the Walker campaign. Wisconsin’s campaign finance statutes ban coordination between independent groups and candidates for a “political purpose.” But a political purpose “requires express advocacy,” the judge wrote, and express advocacy means directly advocating the election or defeat of a candidate.

“There is no evidence of express advocacy” and therefore “the subpoenas fail to show probable cause that a crime was committed,” Judge Peterson wrote. Even “the State is not claiming that any of the independent organizations expressly advocated” for the election of Mr. Walker or his opponent, he added. Instead they did “issue advocacy,” which focuses on specific political issues.

This means that prosecutors essentially invented without evidence the possibility of criminal behavior to justify the subpoenas and their thuggish tactics. At least three targets had their homes raided at dawn, with police turning over belongings, seizing computers and files, and even barring phone calls.

The judge’s order vindicates our suspicion that the John Doe probe is a political operation intended to shut up Mr. Walker’s allies as he seeks re-election this year. No one has taken public credit for appointing the special prosecutor, but we know the probe began in the office of Milwaukee County Assistant District Attorney Bruce Landgraf.

Mr. Landgraf works for Milwaukee County Democratic D.A. John Chisholm, and this is their second secret probe of Mr. Walker. The first one ended up with small-time violations against Walker aides but didn’t touch the Governor.

The subpoenas asked for all information and data and communications stretching back to 2009, two years before the recall elections that were supposedly the central issue. Because the subpoenas sought both donor identities and internal communications of the targeted groups, they failed to demonstrate the narrow and targeted investigation that the First Amendment demands. Our sources also say that only conservative groups were targeted.

If at first you don’t succeed…

Democrats in Wisconsin are desperate. Walker’s public employee reforms have eviscerated the power of unions in the state and Democrats are looking for any way they can to even the playing field. Much of the cash, many campaign workers, and much of the energy in Democratic politics in the state come from public unions. And with the unions crippled, Democrats are worried that the same coalition that brought Walker victory in the recall election will ride over them again in November.

Walker’s allies aren’t out of the woods yet. But without the subpoenas, Schmitz will have a hard time making any kind of a case against them.

Rick Moran is PJ Media's Chicago editor and Blog editor at The American Thinker. He is also host of the"RINO Hour of Power" on Blog Talk Radio. His own blog is Right Wing Nut House.

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Top Rated Comments   
A real victory for the 1st Amendment would have been if the judge threw the prosecutor in jail for contempt and recommended he be sanctioned and investigated for criminal abuse of discretion.

But the more ridiculous attempts the Wisconsin Democrats/union thugs make to undermine Walker and other elected Republicans, the worse they appear to the marginally "Democratic" voters who have supported the party there out of habit and tradition only.
27 weeks ago
27 weeks ago Link To Comment
If the people serving the warrants stopped the people being served from calling their lawyers they may have moved from being LEOs to being criminals. At that point they are just people with guns invading a house. A warrant should be served in a reasonable manner. If the case involves evidence that is easily destroyed, like drugs that can go down the toilet, then speed is called for. In this case there is no reason to believe that the people raided posed any threat to the safety of the officers. For documents and computer records as long as they can't be erased or destroyed then there is no reason to resort to violence or even discourtesy. Resorting to theatrics was a choice. That should have consequences.
27 weeks ago
27 weeks ago Link To Comment
Guess that judge is either counting on a Republican victory in the next election or has no ambition to be on a higher court. Wonder how the Democrats screwed up and put it before a judge they hadn't bought.
27 weeks ago
27 weeks ago Link To Comment
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All Comments   (35)
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nothing new for dems, who can't win in the contest of ideas, or facts, so they look to invent them, and use the courts to bully others for them.

27 weeks ago
27 weeks ago Link To Comment
Yooper just because your uninformed do not deny Facts. After six years of farming out prisoners Wisconsin had to bring them home. because like all ALEC`s Laws they never pass the constitution because the tea bagger never consider the constitution. This forced Wisconsin to hire 32,000 union public sector workers over the next 12 years. A ALEC get rich quick scheme championed by walker. Your comments on revenge show your a fake christain too.
27 weeks ago
27 weeks ago Link To Comment
Interesting that I repeated back what you wrote and then you accuse me of being "uniformed" and a "fake christain" to boot. What the hell is a "christain"? Surely. you don't mean a Christian?

Thanks for the laughs.
27 weeks ago
27 weeks ago Link To Comment
What's your problem with tea bagging, Wussissippi? Your mother loved it!
27 weeks ago
27 weeks ago Link To Comment
tea baggers is a derogatory term, showing confirming that your post is a typical liberal response to an issue, and that is to attack others, because you don't have facts on your side.

Now take your derogatory comments and spew your hate elsewhere
27 weeks ago
27 weeks ago Link To Comment
Your owners aren't getting value from their trained chimp.
27 weeks ago
27 weeks ago Link To Comment
What's the world coming to when a leftist can't assault free speech and freedom in general? I trust the people on this site have noticed the totalitarian streak on the left, who laughably call themselves progressives.
Was it only yesterday that this same left called freedom of speech are most important freedom? Though they do pull that one out of the hat when it suits them.
27 weeks ago
27 weeks ago Link To Comment
This sort of "lawfare" is to be expected all around the Country for the foreseeable future. In some cases they use elected or appointed Democrat DAs or AGs, in others interest groups bring administrative complaints to the regulatory bodies controlling campaign finance, elected and appointed official or public employee ethics, and state or local personnel and labor relations boards and the like. Sometimes they file criminal complaints and where they can find a complicit police force "SWATTING" is a favored tactic. Sounds like there was something close to SWATTING in this case. A complicit media gives them lead stories and screaming headlines when the complaints are filed and politically, the person or group charged is guilty until proven innocent. When the charged party(ies) is finally vindicated, it isn't news.

They have their networks of useful idiots like Wississippipatriot! here polluting this site who camp on the comments sections of newspapers and other websites spewing the Soros-funded Party line. Often they coordinate with unions and other interest groups to put groups of thugs in or in front of public buildings and the homes or offices of Republican officeholders and political contributors. A major object is to cow business contributors to conservative/Republican causes and candidates by tarnishing the reputations of the business(es) and its owner(s)/management. The vitriol isn't just reserved for the Koch Bros. and ALEC, but those may be the only names this particular idiot troll knows.

If you haven't already, read "The Blueprint" and learn of "The Colorado Plan" and learn why Comrade Obama's Immaculation was in Denver. The Colorado Plan is coming to your state if it isn't there already.
27 weeks ago
27 weeks ago Link To Comment
The real questions here that no one is asking are:

What are Governor Walker's options as to retaliation? Is he, as governor, required by law to just sit there and watch his employees and allies be harassed and have their doors kicked in banana-republic fashion by corrupt DA's and their uniformed lackeys in collusion with the public unions and Soros-paid hacks? Doesn't he have any options in hitting back, or is he yet another one of those smiling, "affable", noblesse oblige, kick-me sign-wearing Gentleman Re-pube-licans?

What could he do if he deigned to come off his mountaintop and play bare-knuckle hardball? HE might not mind being personally reviled, but as we saw with GWB, letting your people be trashed, harassed and subpoenaed for free for several years will steadily lose you your friends and your public support.
27 weeks ago
27 weeks ago Link To Comment
I don't know WI's laws, so I don't know exactly what remedies these people have available to them. The elected and appointed officials don't have much libel protections. The standard for public figure libel is knowing falsehood usually and that is hard to prove. Take the example of our troll here: does he know the crap falling off his fingers is false or is he just an idiot?

The private citizens could have a libel suit if they can get a court or adjudicatory panel to say the complaint had no basis in fact. Ordinary citizen libel is usually something along the lines of a reckless or willful disregard for the truth or falsity of the accusation.

Now, government officials have a lot of tools available to them if they choose to make the misery of these complainants their mission. You have to be careful not to do a Chris Christie on yourself. If you're using your position to "mess" with people, if it blows up or becomes public, the media will excoriate you and the lefties will pile on in the comments, letters to the editor, and on websites.

Some states have provision for recovering attorney fees and costs from an unsuccessful complainant. I don't know if WI has this. Our malcontents had developed the habit of claiming whistle blower protection when they got disciplined or fired. I developed the habit of having our department of law argue failure to exhaust administrative remedy when they tried to go to court as a whistle-blower. We'd then take them to arbitration where we didn't have to face 12 morons with driver's licenses and sustain our discipline or dismissal, specifically arguing that there was no whistle-blowing or retaliation for whistle-blowing. Then when they went to court as a whistle-blower, we'd take the arbitrators decision in and argue the courts had to defer to the arbitrator's decision. Since the courts don't usually want any work they can get out of, as long as the arbitrator's decision was facially plausible, they'd accept it. We'd then go for attorney's fees and costs for their dragging the State into court and usually get it. That was kinda satisfying!

My theory for dealing with the mau-mau tactics and guerrilla theater was to make it hurt and make them pay. With groups, the best strategy is to ignore them at first. They're trying to get attention and trying to get you to do something to them, preferably something stupid or violent. They'll keep doing ever crazier stuff trying to incite you, but as they get crazier they lose lots of support. Look at the damage the WI public employees, particularly the teachers, did themselves by just being a**es with their protests. Somewhere along the way, somebody will do something that you can fire them or arrest them for. Even if the action isn't directly relate to collective bargaining, e.g., demonstrating in support of, say, ethics or campaign finance complaints, the odds are pretty good that the demonstrators are public employees so you might have some cause of action. Again, my thinking was always make somebody hurt and make somebody pay. But, I'm not one of those Gentleman Republicans.

One other thing you can do with groups is look at their funding sources. You'd be amazed at how many Democrat/leftist mouths even Republican Red State governments are feeding through grants, contracts, and untaxed non-profit status in states with income tax. Of course, the Soros Junta isn't going to allow federal funding sources to do anything to "friends" who misuse federal money, but the US doesn't really do many direct grants or contracts; many are passed through state governments. When federal money gets appropriated by a state legislature it becomes state money. Every Republican governor in the Country ought to be closely examining who his/her agencies are giving grants and contracts to; they'd find that they're supporting all sorts of Democrat/leftie front groups. I maintain that anytime anyone accepts and makes reports on public funds, they're volunteering to go to jail. The rules are so vague and complex that if you want, you can put anybody who accepts public funds in jail. Perhaps some should just be put in jail "to encourage the others." You do have to be careful with this stuff. I used to have a sign over my desk that read: "Remember, when the enemy is in range, so are you!"
27 weeks ago
27 weeks ago Link To Comment
"Everything I needed to know about politics, I learned on the kindergarten playground".

I'm a forty-something now and the more I see of politics, the more I realize it ain't rocket surgery. In the Art of Political & Bureaucratic Warfare, rule number one is to make an example of anyone who tries to mess with you. Like a Mafia don or a Soviet commissar, if you let someone cross you and get away with it, you're setting yourself up for the next time and the next time. If you want to lay up treasure in heaven and prove what a wonderful, tolerant, turn-the-other-cheek type of guy you are, then become a missionary and go get yourself martyred by Islamists in North Africa. Don't waste the taxpayer's money, votes and freedom on your personal redemption. If you want to be loved, go join The Clinton Global Initiative and pay to get your picture taken at their five-star confabs.

Nice guys not only get beaten up, they also get laughed at behind their backs. Yes, I do think Scott Walker got great mileage out of letting that grotesque crew hold their circus at the Capitol but they should have been forced to move it outside in the Wisconsin cold after 5:00pm like the posted rules said, rather than being allowed to "occupy" the Rotunda under the approving eyes of the unionized State Trooper guards. Furthermore, those guards should have been RIF'ed immediately afterward and replaced with private security contractors ("a dish best served cold").

When Sarah Palin had her email hacked by that political princeling from Memphis, she did not laugh it off; she and Bristol testified against him in court and the adorable little scamp was actually convicted of a felony and a misdemeanor and (wonder of wonders) had to do actual time. Notice that nobody has repeated that sort of stunt since.

I'm glad you mentioned the money spigot. I have been wondering about this for some years now. Either at the State or one day (I'm dreaming now) the Federal level, so many leftist lobbying outfits could have their grants and contracts cut off. Any that try to run to the courts, simply hit them with a massive audit and force them to account for every taxpayer's dime they've been given going back years. An exhaustive audit, no doubt to be followed by investigations, indictments, trials and orange jumpsuits. It wouldn't take too many of these to get the message across. "Kill the chicken to scare the monkeys" as our Chinese friends say. Get together with fellow Republican legislators and remind them that these people are their sworn enemies no matter what they do. "If they knock on your door, tell them that your democrat colleague is just down the hall...go and cry in HIS office, good day." Knowing that the entire MSM, Liberal establishment and interest groups are out for your blood is actually liberating. Doing them favors only earns you their jeering contempt on top of their seething hatred, so why not stick it to them at every opportunity? It is better to be feared and hated by your enemies rather than just hated and ridiculed. Make the MSM hyperventilate so loud and so often that the public becomes jaded by all their manufactured scandals.

The Leftys are too accustomed to choosing their own battles. Pick fights with them on territory of your choosing. So much of the power of the Liberal sacred cows rests on their PERCEIVED power, amplified by the media megaphone, and the tendency of conservatives to cringe and cower, rather than say or do anything "controversial". Every time the Libs go to the mat on an issue, call in all their chips and LOSE, they give up their power to intimidate elected officials, state and local governments, and private businesses. Imagine if all those corporations could be persuaded to stop paying them tribute and start suing them for extortion left and right.
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27 weeks ago
27 weeks ago Link To Comment
Having fought some battles over who could occupy the State Capitol or a major State office building, it ain't as easy as it looks. If your government has a history of Democrat administrations letting them sh*t on the Capitol floor, you ain't gonna change that just because of a sign on the door. Ain't right, ain't fitting, ain't proper, but that's the way it is.

And, frankly, sometimes you want to let them go act like a**holes in your capitol. There are still lots of weak-kneed Republicans and Rs that think all they have to do is be nice to lefties and they'll love a Republican. Sometimes you need to let those Rotary Club Republicans see lefties when they think they're winning.
27 weeks ago
27 weeks ago Link To Comment
This is Reagan on unions. He explains Russian Koch`s union I. The Tea Party ionly works I Koch` Russia. http://www.youtube.com/watch?v=HsHXJr8tqP0
27 weeks ago
27 weeks ago Link To Comment
With all the unemployed "Studies" majors out there, you'd think the Soros crowd could find one that could type complete sentences.
27 weeks ago
27 weeks ago Link To Comment
It's pretty clear to me that English is not this person's native language. And clearly they understand little of the fundamental bases of the "American experiment." No employer I ever had ever served me as poorly as the union I was forced to join. Left it as soon as I could.
27 weeks ago
27 weeks ago Link To Comment
Hi lib!
27 weeks ago
27 weeks ago Link To Comment
it is called American not lib. Reagan was no lib he was American. Anti union is like Ragan says communist and freedom and democracy is lost. Your brainwashed by the communist on fox. your a fox trotter. A sheeple . Studies show fox viewers know less than people who never see news. Your a Poster Child for that study.
27 weeks ago
27 weeks ago Link To Comment
That's "you're", not "your".
27 weeks ago
27 weeks ago Link To Comment
Reagan must roll over in his grave every time a Koch owned tea Partier says his name. This is Reagan on unions. Collective bargaining in the years since has played a major role in America's economic miracle. Unions represent some of the freest institutions in this land. There are few finer examples of participatory democracy to be found anywhere. Too often, discussion about the labor movement concentrates on disputes, corruption, and strikes. But while these things are headlines, there are thousands of good agreements reached and put into practice every year without a hitch.

Part of successful collective bargaining is honest, straightforward exchanges. A number of Presidents have observed that of all the meetings in the Oval Office, the most direct, productive, and useful have been with the leaders of organized labor. Straight talk has always been a feature of these exchanges, and that's a tradition I want to continue here today. You and I may not always agree, as President Konyha said, on everything, but we should always remember how much we have in common.

I can guarantee you today that this administration will not fight inflation by attacking the sacred right of American workers to negotiate their wages. We propose to control government, not people. Now, today I want to express again my belief in our American system of collective bargaining and pledge that there will always be an open door to you in this administration.

During my 8 years as Governor of California, I was proud of my relationship with organized labor. Yes, we had disagreements over such things as welfare reform and budget allocation, but we followed the advice of a one-time mayor of Boston who said, "We can disagree without being disagreeable."

Some people would have forgotten-except your president very graciously reminded you—that I am the first man to attain this high office who was formerly president of an AF of L-CIO union
27 weeks ago
27 weeks ago Link To Comment
Dumb! Collective bargaining does not create wealth, a union striking for and winning pay hikes merely redistributes income & raises prices. It is financially impossible to add to the commonweal by increasing the wages of particular parties or unions. If so productivity, innovation, retained earnings, and capital investment are irrelevant, or at the least far less important.
In any case, if you haven't noticed the role of unions fro the 1930's to now has dropped precipitously, Gee, I wonder why?
27 weeks ago
27 weeks ago Link To Comment
I hope you're being paid to come here and blather like an idiot. When you prattle on about the Koch brothers, you need to go look at how all your leftist interest groups and unions are funded. George Soros has far more influence on the left than do the Koch Bros. on the right.

When Reagan was head of the SAG, the primary job facing leaders of unions was to oust the open communists from leadership positions. When Reagan was Governor of California, the State was still predominantly conservative and sane, public employee unionization was in its infancy, and private sector unionization really was private sector. Today's unions are not Reagan's unions.

In those states where full spectrum bargaining for all public employees is allowed, the unions are nothing more than socialist workers' parties with the power to compel political contributions. It is black letter law and has been since the '80s that it violates the US Constitution and most state constitutions to use compelled dues of objecting employees for "social, political, or fraternal" activities of unions, but unions and Democrat governors conspire together to use dues money for Democrat politics and do everything in their power to make it difficult or impossible for employees to meaningfully object to the use of their dues for politics. Where unions successfully work to elect Democrats, the one interest NEVER at the bargaining table is the interest of the taxpayers. Even in my conservative/Republican controlled state, today's news is about how a group of Democrat legislators and their co-conspirators in the teachers' unions are trying to get the Legislature to increase the already exorbitant State spending on a failed public school system. And, of course, the leftist lapdog McClatchey-owned newspaper makes it front page above the fold with no hint of a dissenting voice opposed to further NEA raids on the Treasury.

There is almost no true private sector unionization in America today. Even the overwhelmingly leftist entertainment industry where SAG represents employees has largely fled to foreign locations or to locations in right to work states to avoid SAG and the other entertainment industry unions' high costs and restrictive rules. Unionization today is almost entirely restricted to those industries that are heavily regulated by government, e.g., rail, trucking, utilities, autos, commercial aviation, US-flagged shipping, which rely heavily on government funding, e.g., healthcare, or which do the bulk of their business directly with government, e.g., defense, aerospace. In these "Third Sector" businesses the unions and the management work together to extract as much money as they can for the union and the company from taxpayers and customers.
27 weeks ago
27 weeks ago Link To Comment
All you do is shop for a judge who is a Koch addict to get the ruling you want.
Most republican judges, ALL district attorneys are ALEC members. Even Van Hollen is a ALEC/Koch owned puppeteer. Four Wisconsin supreme court judges are Koch/ALEC owned just like the majority of the U.S supreme court . America only allowed prostitution ranches in Nevada. Now it is legal in every courthouse in America.
27 weeks ago
27 weeks ago Link To Comment
All you do is shop for a judge who wants to be a Democrat appointee to a higher court, e.g., the trial court judge who stayed the Wisconsin reforms.
27 weeks ago
27 weeks ago Link To Comment
A real victory for the 1st Amendment would have been if the judge threw the prosecutor in jail for contempt and recommended he be sanctioned and investigated for criminal abuse of discretion.

But the more ridiculous attempts the Wisconsin Democrats/union thugs make to undermine Walker and other elected Republicans, the worse they appear to the marginally "Democratic" voters who have supported the party there out of habit and tradition only.
27 weeks ago
27 weeks ago Link To Comment
If the people serving the warrants stopped the people being served from calling their lawyers they may have moved from being LEOs to being criminals. At that point they are just people with guns invading a house. A warrant should be served in a reasonable manner. If the case involves evidence that is easily destroyed, like drugs that can go down the toilet, then speed is called for. In this case there is no reason to believe that the people raided posed any threat to the safety of the officers. For documents and computer records as long as they can't be erased or destroyed then there is no reason to resort to violence or even discourtesy. Resorting to theatrics was a choice. That should have consequences.
27 weeks ago
27 weeks ago Link To Comment
Sure would be sweet if after the 2014/2106 elections Republicans would keep Dems/lefitsts scrambling just to keep out of jail.

"Good for the goose, good for the gander",, and all that.
27 weeks ago
27 weeks ago Link To Comment

Scott Walker remembers creating jobs as assemblyman in Wisconsin . It was easy with ALEC. 32000 UNION public sector jobs. It is not as easy this time with out using your tax dollars. Scott Walker has created ALL Wisconsin`s budget problems working for ALEC. In 1997 Walker and Prosser as state assemblymen championed for ALEC with truth in sentencing telling the legislatures it would not cost a dime it was to give judges not parole boards the control over sentencing. Then Walker filibustered to stop sentencing changes after the fact misleading ALL the legislatures. With out the sentencing changes Wisconsin`s prisons quadrupled over night. Most people sentenced to 2 years now had to serve as much as 6o years. It shows Wisconsin has wasted 100 billion if you add the numbers to the state budget since 1997. Not including the building new or remodeling of 71 courthouses & 71 county jails & 441 police stations and dozens of prisons 28 billion plus interest. The total is over 28 BILLION plus the 60 Billion spent by social services to support prisoners families because the bread winner was a political prisoner as US Att gen Eric Holder explained. Then farming out prisoners in several states until the courts realized it was not allowed in the Wisconsin constitution. Wisconsin then hired 32000 union public sector workers to fill the jobs housing the prisoners from deputies , judges, district attorneys all owe Walker for creating there jobs. 32000 UNION PUBLIC SECTOR JOBS. This cost taxpayers over 3.8 billion or a half million per day to house these EXTRA prisoners per day in Milwaukee county alone. Wisconsin claims it has 24,000 prisoners compared to Minnesota`s 5500. Wisconsin`s corrections population is 104,000 with many in half way house and county jails and county prisons that are not counted.

27 weeks ago
27 weeks ago Link To Comment
"........ 60 Billion spent by social services to support prisoners families because the bread winner was a political prisoner as US Att gen Eric Holder explained."

Wow! What an amazing revelation! Wisconsin has spent $60,000,000,000 just for the support of families of political prisoners! And nobody really noticed until Eric Holder explained that to everyone.

Then. apparently not noticed by the Wisconsin taxpayers, 32,000 people were NEW hires just to operate the state's prison system (which has a population of 104,000) which had quadrupled overnight. And one county alone spends $500,000 PER DAY ($183,000,000 per year! .... and in just ONE county!) housing "extra" prisoners!

Then the evil Walker arranged for "most" of those sentenced to 2 years to actually serve 60 years! And nobody but you and Eric Holder even noticed! Then the crush of folks being thrown into the slammer for political reasons became so great that Walker and his cronies had to start farming them out to other states who we must assume gladly went along with all of this! But then, fortunately, someone read the Wisconsin constitution and found out that you can't farm-out your vast overflow of political prisoners to other states. What happened then? Did Walker just turn them loose or did they bring them back? Or did they all hide in a motel in Illinois?

Sounds like you and Eric Holder had better dig into all of this. But be careful, Walker may throw you into the jug for a couple of years .... which actually may become 60 years while the taxpayers must support your family!

Thanks for all of these eye-opening facts. By the way, do you just happen to be a NEA schoolteacher? Just wondering.

Anyway, you must give Scott Walker credit for coming up with such a novel way to stimulate the Wisconsin economy. Just throw all your political prisoners in jail! Bet Eric Holder never thought to recommend that to Obama.
27 weeks ago
27 weeks ago Link To Comment
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