Attack on Flanagan Exposes Profound Rightwing Hypocrisy

March 8, 2012 by WCMC

The Honorable David T. Flanagan, a Tommy Thompson appointee to his first term as a Dane County Circuit Court Judge, is a fine jurist. He is now under assault from the right wing extremists for having the gall to issue a temporary restraining order against enforcement of the Republican’s voter suppression act, also known as the Voter I.D. Law.

Unsigned recall petitions – should judges whose names don’t appear recuse themselves from Walker-related cases?

The extremists are not critical of his procedure, they have not assailed his legal reasoning, they do not question his legal acumen. They simply cannot believe that a Judge might have a private opinion about this Governor or that a Judge might happen to support the recall of this Governor. For this they deem it appropriate to file, in my opinion, a frivolous complaint with the Judicial Commission in an effort to intimidate this Judge and sully his name.

Judge Flanagan founded his decision on the Constitution of this state and perhaps the most sacred right of a democratic society, the right to vote. In issuing the decision, the Judge noted that Wisconsin’s I.D. law was the most restrictive in the nation, that it served, in essence, to disenfranchise tens of thousands of voters otherwise perfectly eligible to vote. He is, of course, right.  His decision and reasoning are supported by the facts, the law and the Constitution.

Yet once more the right wing extremists demonstrate that their hypocrisy knows no bounds. If Judge Flanagan’s signature on a recall petition disqualifies him then I submit that any Judge who failed to sign the petition must also be deemed to hold an insurmountable bias in favor of this Governor and thus must offer to recuse him or her self from any matter involving the odious policies and legislative acts of the Republican legislature and this Governor.

If this is now indeed the standard, then I demand that Waukesha County Circuit Judge Mac Davis publicly declare that he did not sign the petition and as such should have offered to recuse himself from presiding over the GAB recall procedure case. You might recall that his decision in favor of the Governor in that case required the GAB to expend an enormous sum of taxpayer dollars and further delay the certification by placing a greater onus on the GAB in reviewing the petitions. You may also recall that his ruling was vacated by the Court of Appeals due to the fact Judge Davis had refused to allow Recall Committees to intervene in the case.

Justices Prosser, Roggensack, Gableman and Ziegler.  Image by Dennis Kern

I also demand that the four “conservative” State Supreme Court Justices who ruled in favor of the Republican Legislature publicly declare that they did not sign the Recall Petition. Clearly, under the reasoning employed by the right wing extremists in attacking Judge Flanagan, Justices Ziegler, Gableman, Prosser and Roggensack must now offer to recuse themselves from any matter before them involving the Voter I.D. Law as well as any case that would require a ruling affirming the legislation or acts of this current legislature and executive acts of this Governor.

As we now know, Justice Gableman presided over a number of cases where the attorney representing one of the parties had rendered tens of thousands of dollars in “free” legal services to him, and that he did not disclose that fact to the litigants. The none too subtle irony here is that the “free” legal services were rendered to defend Gableman against ethics charges. The most prominent of these cases was the open meetings law challenge regarding passage of the collective bargaining law. Gableman ruled in favor of that attorney’s client (read Republicans) in that case, and thus the repeal of collective bargaining rights for public employees became law. Without Gableman’s vote, Judge Sumi’s ruling voiding the law due to a blatant violation of the Open Meetings Law stands.

I have yet to hear the hue and cry from the right regarding the failure of Justice Gableman to disclose the immense value of the services provided to him from advocacy counsel for the Republicans seeking to overturn Judge Sumi’s ruling prior to arguments in that case. I am confident I never will.

Would any of these right wing extremists dare to argue that the benefit of tens of thousands of dollars in “free” legal services from an attorney arguing a case before the Justice who received that benefit is less worthy of disclosure than the act of signing or not signing a petition to recall this Governor?

The filing of this complaint against Judge Flanagan smacks of intellectual dishonesty, intimidation and desperation. The purity test insisted upon by this action is specious as it is a test that no Judge can possibly pass. After all, each and every Judge in this State either did or did not sign that petition.

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17 Comments on “Attack on Flanagan Exposes Profound Rightwing Hypocrisy”

  1. Rhonda Blair March 24, 2012 at 2:05 pm #

    Timothy Riley, you are breathtakingly ignorant. How do you equate Wisconsin’s judges right to vote with signing the same Wisconsin judges signing the recall petition against Governor Walker?

    Last I checked, voting was a private matter, and votes by public officials are not made a matter of public discourse or revelation. Do you understand that difference, or have you noticed others speaking to you V-E-R-Y S-L-O-W-L-Y?

    Your idea that any reasonably intelligent person would: “submit that any Judge who failed to sign the petition must also be deemed to hold an insurmountable bias in favor of this Governor and thus must offer to recuse him or her self from any matter involving the odious policies and legislative acts of the Republican legislature and this Governor.” end quote.

    Gee whiz Sherlock, you cannot prove a negative. An absent signature on any recall petition means there is no basis for determining WHAT political views or partisanship the owner of any absent signature are, either way. Which is what any judge would have done(NOT signed) if they wanted to ensure their determinations in a court of law were based on impartiality and propriety.

    Timothy, how do you get by on a day to day basis lacking any common sense or logical thought? Do you scare yourself?

    Judge Flanagan ordered a temporary injunction to block a law by Governor Walker, with Walker named as the Defendant on the court document. Get it?
    Flanagan cannot claim impartiality when prior to blocking legislation by a Defendant (Scott Walker), he also signed a document against the Defendant, a document that is only signed when the person who signed wants to remove the Defendant from office. How can you argue that Flanagan was anything but biased when he blocked a law from a person he wanted to see removed from office, PRIOR to blocking the law?
    Judge Flanagan had already revealed his prejudice towards Governor Walker when he signed the petition.
    Are you daft?
    The Gableman case has nothing in common with the Flanagan case. Gableman was required to pay his attorney fees under their arrangement, ONLY if he recovered those fees from the state. Since Gableman was not able to recover them, he did not have to pay legal fees to the firm. Judge Gableman was represented by the same attorney as some of those litigants who appeared before him in court. But Gableman did nothing unethical because he didn’t get special treatment from the attorney, and Gableman would not be compelled to favor either litigant. Gableman’s agreement with his attorney was that he would pay his attorney based only on any state fees he recovered, which ended up being ZERO.

    You ARE desperate, aren’t you?

    Finally, the Voter ID law only requires that a person who wishes to vote must prove they are eligible to vote by submitting a state issued picture ID card before being allowed to vote.
    Your problem with the Voter ID law is that it will disenfranchise “thousands of people”? How so?
    Voting is a privilege, not a right. In Wisconsin, if you are unable to afford to pay for an ID, the state will provide you one for free. To legally drive a vehicle in Wisconsin you have to apply for a Drivers License. To drink alcoholic beverages you have to show legal ID to prove you’re of legal age to drink. To open a bank account in Wisconsin, you have to prove your identity, provide your social security number, date and place of birth.
    Using your ridiculously preposterous logic, no person/s should have to provide verification of identity to get a Drivers License, buy alcoholic beverages, or open a bank account, because it would “disenfranchise them”.

    Why don’t you just admit that the Voter ID law burns your ass because illegal immigrants, felons, and union lemmings from other states won’t be able to vote against Walker? Or for that matter, FOR Obama?

    Wake up and get your head out of your behind.

    • Hematite March 24, 2012 at 10:52 pm #

      “…illegal immigrants, felons, and union lemmings from other states won’t be able to vote against Walker? Or for that matter, FOR Obama?”

      And YOU are lecturing TIMOTHY about intellect and rationality? Your closing passage cast doubt not just on your own intellect, but on your status as a conscious entity.

      • Rhonda March 25, 2012 at 9:32 am #

        Really? My comments are disabled. I posted above with my WordPress account, Rhonda Blair. You people are hilarious. When anyone disagrees with you, you just block their comments.

        So much for your liberal “free speech”.

        here’s what I wrote to answer Hematite. Can you grow a pair WCMC?

        “Of course I’m not “casting doubt” on Timothy.

        I’m pointing out Timothy’s ineptitude, shortsightedness, and pure ignorance.

        Anyone who believes having a voter ID law is a “right wing strategy” to keep the poor or minorities from voting, is either ignorant, or desires to have ineligible people vote.

        If you believe the lie that conservatives are trying to keep certain people from voting with the voter ID law, then you must also assume those same people would be voting for your candidate. Why wouldn’t you want a voter ID law to protect those people as well?

        We all know our election system is wrought with fraud.
        How is it discriminatory to require EVERYONE to have a valid ID to prove their eligibility?
        It would be discriminatory if we only required the poor or minorities to have ID. But in this case, every citizen, regardless of status, is required to have one.

        Because you and the liberal left want illegal aliens, felons, and union lemmings from other states to vote, if possible. The radical left has franchised with them because they know how they will vote. They have spent a lot of money, time, and union dollars to recruit illegals to the cause. You, Timothy, and the radical left feel justified in stealing the vote from legal residents because illegal votes would be “for the common good”.

        You and Timothy are prime examples of progressive indoctrination. You have adopted a victim mentality meant to keep you on the Progressive political plantation. What would the liberal left DO without racism, sexism, and “union inequality”? They have to keep the false paradigm alive. It’s the only reason most Americans vote for them anymore.

        I stand by my statement.”

        What a bunch of cowards you all are.

      • Hematite March 25, 2012 at 9:50 am #

        You are posting a comment complaining that your comments are disabled and you are blocked? See my previous observation regarding your intellect and rationality.

      • Rhonda(Rhonda had to use a different email because she was blocked AGAIN) April 1, 2012 at 9:02 am #

        You aren’t a good reader, are you?
        I can’t say it’s your fault, you were probably educated in public school, by public union teachers. Too bad there are only a handful of good teachers in the system. Obviously you weren’t lucky enough to get one of those. I understand.

        If you had been able to read my previous post, or paid attention the fact that I was posting under DIFFERENT accounts, just as I am now, you would have seen that I was logged in under 2(now 3) different emails because my comments under my first original account were blocked. >doh!<

        Don't you feel stupid? Ooops. I mean, "see my previous observation regarding your total lack of intellect and rationality"
        I would call you an idiot savant, sans "savant", but that would be an insult to idiot savants everywhere.

      • Hematite March 25, 2012 at 6:52 pm #


  2. Rhonda March 25, 2012 at 9:35 am #

    Oh, I’ve also shared this site with social networks and the such to let everyone know you’re all terrified of opposing thought. The mere fact that I was blocked from replying to posts here proves just how weak and small minded your “bloggers”??? are.

    GO SCOTT WALKER!!! We the People are TIRED of taking a back seat to spoiled, corrupt, and ignorant public union zombies.

    • Hematite March 26, 2012 at 3:44 pm #

      Rhonda: One little thing: It’s spelled T-E-A-B-A-G-G-E-R, not E-V-E-R-Y-O-N-E. But where IS all the teabagger traffic you promised?

      • Rhonda(Rhonda had to use a different email because she was blocked AGAIN) April 1, 2012 at 9:13 am #

        Hermaphrodite: One little thing: It’s spelled M-O-O-N-B-A-T, not E-V-E-R-Y-O-N-E, not even M-O-S-T P-E-O-P-L-E, are
        S-T-U-P-I-D enough to think S-I-G-N-I-N-G-A-R-E-C-A-L-L-P-E-T-I-T-I-O-N is the same as V-O-T-I-N-G.

        But where are all the T-E-A-B-A-G-G-E-R-S I D-I-D-N-T M-E-N-T-I-O-N in any of my P-O-S-T-S?

        That’s right, in your delusional H-E-A-D

      • Hematite April 3, 2012 at 11:44 am #

        Were you climaxing when you wrote that?

        And since we are on the topic, maybe you can help answer a question I’ve had about teabagging: is it the perversion itself that turns you on, or the public display of it? In other words, if you didn’t have an audience would you still teabag?

  3. Barbara With March 26, 2012 at 4:16 pm #

    Rhonda for god sake. seriously? If you use anymore sweeping erroneous generalities, I am afraid your dictionary might explode. Do you have friends? Do you treat them all in such a sweepingly general way? Or do you leave that for people whom you have never met? A recall is a vote. A judge has a right to vote, even one who votes against Walker is not automatically excluded from being impartial. Unless you are Republican Judge David Prosser, whose recount showed so much fraud that was covered up it would even have made your head swim. But I guess you might be for a judge who swears obscenities at and tries to choke the women judges on the bench. But keep talking. every word becomes your own weapon against yourself.

  4. KK Steffen March 26, 2012 at 4:23 pm #

    “We all know our election system is wrought with fraud.”

    We all know NO SUCH THING. Please provide proof of voter fraud. Do not become overwrought trying, though.

    • Rhonda(Rhonda had to use a different email because she was blocked AGAIN) April 1, 2012 at 9:22 am #

      KC, I’m not going to do your research for you. Unless you want to admit that there was no election fraud when Bush was elected? Or Prosser?

      Of course there wasn’t any fraud in those cases. But I know you think there was. So your inane, ignorant assertion has been nullified.

      I almost feel sorry for you. ALMOST.

  5. Rhonda(Rhonda had to use a different email because she was blocked AGAIN) April 1, 2012 at 8:50 am #

    For God’s sake Barb, seriously?
    If signing a recall petition is a vote, then there must have been an election, right? Who won?
    Since when are the votes of any American citizen available to the public just as the petition signatures were?
    You cannot even differentiate between a vote and a signature on a petition. No wonder union boss suck ups like you think voting multiple times under different aliases is legal and fine.
    Do YOU have friends, or just circle jerk buddies?
    The Prosser election was legal. He WON. owww……….owww……..owwww……
    The votes in question were already in the system and were verified as such by your own Democrat official.
    Prosser was charged by a enraged, emotionally unstable woman. Who, by the way, is taller than Prosser and out weighs him. Maybe you ought to start signing petitions to demand the obese, flaky, out of control ideologue Walsh, lose some weight.
    While you’re at it, how about getting a petition going to demand Walsh gets mental help?
    When a judge charges another judge, shaking her fist as she aggressively runs towards the other judge, I’d say the judge who initiates the aggression is out of control.
    You and the rest of your union buddies and supporters are such hypocrites, it’s breathtaking.
    Can you look at yourself in the mirror and still assert that if it were Doyle, or any other Democrat Governor who was being recalled, and 29 WI judges signed the recall petition, open to public scrutiny; with one of those judges blocking legislation to reinstate YOUR collective bargaining “rights”, you would feel that the judge was impartial?


  6. Rhonda(Rhonda had to use a different email because she was blocked AGAIN) April 1, 2012 at 9:17 am #

    So much for the leftist ideologues on this website upholding free speech or dissension. You people only fight for those rights when it’s a matter of YOUR voices being heard. Screw everybody else.

    Blocked again, don’t deny it. COWARDS.

    • Hematite April 3, 2012 at 11:38 am #

      Some of your more offensive comments are being picked up by our spam filter and automatically deleted. You have no one to blame for that but yourself.

      • Rhonda(Rhonda had to use a different email because she was blocked AGAIN) April 3, 2012 at 12:08 pm #

        Hermit, none of my words have been censored. I posted the exact same thing each time, under a different user name/email, because the previous user name/email was blocked. The “spam” filter didn’t pick up any such thing.

        No worries, I’m done here. And as I said in an earlier post, I’ve let all of my friends at various social networking sites and blogs not to bother with this site for debate. Debate is not welcome here, or diverse opinion, or free speech.

        It’s just another progressive, tyrannical blog that will soon be gone.

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