Did Scott Walker Violate Ethics Laws in “Koch” Call?
A former Democratic state attorney general thinks Wisconsin's Republican governor may have violated state ethics laws while on a prank phone call.
A former Democratic state attorney general thinks Wisconsin’s Republican governor may have violated state ethics laws while on a prank phone call.
Capital Times (“Ex-AG sees violations by Walker in stunt call“):
“There clearly are potential ethics violations, and there are potential election law violations and there are a lot of what look to me like labor law violations,” said Peg Lautenschlager, a Democrat who served as Wisconsin’s attorney general after serving for many years as a U.S. attorney. “I think that the ethics violations are something the (state) Government Accountability Board should look into because they are considerable. He is on tape talking with someone who he thinks is the funder of an independent political action committee to purchase advertising to benefit Republican legislators who are nervous about taking votes on legislation he sees as critical to his political success.”
Lautenschlager, a former legislator who has known Walker for many years and who has worked with many of the unions involved in the current dispute, says: “One of the things I find most problematic in all of this is the governor’s casual talk about using outside troublemakers to stir up trouble on the streets, and the fact that he only dismissed the idea because it might cause a political problem for him.”
On the tape, Walker is asked about “planting some troublemakers” to incite the crowds at what have been peaceful protests. “(We) thought about that,” replied the governor, who added: “My only fear would be is if there was a ruckus caused is that that would scare the public into thinking maybe the governor has gotta settle to avoid all these problems.”
“I think there’s a serious issue there,” Lautenschlager explained. “That’s a public safety issue. And I think that is really troublesome: a governor with an obligation to maintain public safety says he’s going to plant people to make trouble. That screams out to me. For a governor even to consider a strategy that could unnecessarily threaten the safety of peaceful demonstrators — which the governor acknowledged he did — is something that simply amazes me.”
I’d certainly have preferred that Walker dismiss the suggestion as outrageous. But he’s clearly trying to schmooze “Koch” by explaining why his suggestion doesn’t even make political — leaving aside legal and moral — sense. There’s no evidence that Walker actually planned to insert “troublemakers” into the protests. My guess is that it had never occurred to him.
Lautenschlager reviewed the tape of the phone call and the transcript at the request of The Capital Times. She noted a pattern of instances where the governor seemed to put his personal political agenda ahead of his duties as the state’s chief executive.
Lautenschlager noted, in particular, the governor’s reference to displaying a photo of former President Ronald Reagan at the dinner where he explained plans for his budget repair bill — which seeks to strip state, county and municipal employees of their collective bargaining rights, restructure state government in a manner that dramatically extends the power of the governor, undermine the BadgerCare and SeniorCare programs, and sell off publicly owned power plants to private firms like Koch Industries.
“He essentially parallels what he’s going to do to organized labor with what Ronald Reagan did to the air traffic controllers,” said Lautenschlager, referencing the former president’s firing of striking controllers in 1981. “By doing that at this time, when the contracts for state employees are still in effect, it looks as if he’s signaling a willingness to commit an unfair labor practice violation by refusing to negotiate.”
Lautenschlager noted a body of labor law that prevents employers from using threats of layoffs as a negotiating tactic with unionized workers.
Some of this — the privatization using no-bid contracts, in particular — is bad public policy. But fantasizing about firing union workers that he can’t actually fire doesn’t amount to an unfair trade practice.
Regarding another part of the conversation, where the caller posing as David Koch promises to bring the governor to California as a reward when and if the budget repair bill passes, the former attorney general noted the tenor of the conversation.
“Scott: Once you crush these bastards I’ll fly you out to Cali and really show you a good time,” says the caller identified as David Koch. Walker replies: “All right, that would be outstanding.”
“When an elected official in Wisconsin is offered a trip somewhere to have a good time, and he responds by saying ‘that would be outstanding,’ ” said Lautenchlager, “it certainly sounds like something ethics investigators should look into.”
Again, this strikes me as schmoozing rather than some conspiracy to accept a bribe. “Koch” promised him “a good time” out of the blue and Walker said “that would be outstanding.” I can’t imagine this is actionable.
The prank phone call showed the extent to which politicians are beholden to campaign money. It’s unseemly. But there’s no clear alternative, either.