Refusal to Prosecute Anti-Abortion Laws Highlights Whim Powering Legal System

Goya, Saturn Devouring His Son,
painted sometime between 1819-1823.
The image represents America today,
as judicial cult deliberating in secret has
decided women no longer have autonomy
over their bodies. The Supreme Cult seeks
other victims, amid warning, no criticism.

Commentary: Prosecutorial Discretion and Liberty

Madison, Wisconsin — Many citizens read the news that Wisconsin Attorney General Joshua Kaul (D) declared his office will not investigate or prosecute woman for abortion-related 'offenses' with approval.

Kaul made his intentions to refuse enforcement of Wisconsin's 1849 ban on abortion following oral arguments of Dobbs v. Jackson Women’s Health Organization in Dec 2021.

The Supreme Court decision on Dobbs will soon eviscerate reproductive liberty as the judiciary jettisons its station as a Court of law.

"Even if courts were to interpret that [1849] law as being enforceable, as attorney general I would not use the resources of the Wisconsin Department of Justice either to investigate alleged violations of that abortion ban or to prosecute alleged violations of it," Kaul said in an interview with the AP.

Sen. Ted Cruz (R-Texas) claims to be outraged by Kaul and other DAs and attorneys general vowing to refuse to enforce anti-abortion laws.

Republican justices on the nonpartisan Wisconsin Supreme Court will interpret Wisconsin's 1849 ban as enforceable after Republicans on the nonpartisan United States Supreme Court hold women no longer have reproductive liberty.

Kaul was criticized for his abortion-law position by his Republican opponents for attorney general — Fond du Lac County District Attorney Eric Toney and State Rep. Adam Jarchow (R- Balsam Lake) in the AP piece.

"I am proudly pro-life and I will defend the police and defend our Wisconsin laws, including our abortion ban, if allowed," said Fond du Lac County District Attorney Eric Toney (R).

Adam Jarchow said that Kaul is a failed leader for his stated refusal to enforce criminal law. "[W]hile it’s disappointing that he says he will not follow the law, it’s not surprising," said Jarchow.

Some Wisconsin laws are more worthy of being followed and enforced than others.

Fast-forward five months to May 2022 and Jarchow is excoriating his Republican Primary opponent, Eric Toney, for enforcing Wisconsin's emergency order banning mass gatherings in 2020 (Opoien, The Capital Times). Republicans on the Wisconsin Supreme Court decided the ban was illegal.

But there is no rule of law to be found among prosecutors and judges.

Prosecutorial Discretion

Advocates for the wrongfully convicted continue to blast Attorney General Joshua Kaul for his political decision not to employ prosecutorial discretion in the DOJ's ludicrous crusade to keep those whom the State knows to be innocent in prison in post-conviction litigation, (see Steven Avery Motion to Stay Appeal and Remand, includes new eyewitness affidavit. April 12, 2021; Steven Avery Legal Filings - Updates;  State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288 Wisconsin Democrats Block Exoneration Seekers.)

Advocates for the exonerated Black Lives Matter protesters in Madison similarly blasted the Democrat-led Dane County District Attorney’s office for changing its charging standard in two bizarre Black Lives Matter cases to accommodate a racist Democrat State Senator, Tim Carpenter (D-Milwaukee).

Prosecuting charged law-breakers is determined by politics, increasingly so.

And the judiciary is a politically charged branch of government that hides behind black robes and pretension.

The rule of law is the product of the personal whims of officeholders. Refusal to acknowledge this reality gives prosecutors (and judges) political cover.

Liberty and the rule of law are little more than political slogans of two corrupt and destructive politcal parties.

And prosecutors, in the words of Robert Jackson, are potentially the worst threats to a civil society.

"While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst," writes Robert Jackson in The Federal Prosecutor.

As prosecutors lie and posture to the public to no accountability, Jackson's warnings speak loudly today.

It's imperative to refuse to enforce unjust law such as bans on abortion animated by a dishonest judiciary engineering its unpopular, anti-liberty agenda in secret, as the U.S. Supreme Court proceeds.

Gap between government and the people

The fact of the matter is the enormous power of the prosecutor to direct state violence has corrupted entire professions, and the judiciary, as these super cults become focused on destroying liberty.

As the liberty of an entire class of people stands on the brink of elimination by black-robed cultists, we should consider the words of Milton Mayer, They Thought They Were Free: The Germans, 1933-45, (University of Chicago Press. ©1955).

"What no one seemed to notice was the ever widening gap ... between the government and the people."

"What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand."...

This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter."

The prosecutor, the judiciary and the legal system as a whole have turned into a remote and destructive force that, even as the system's nature and effect become more obvious, cries out in response that the real danger is public criticism and calls for transparency.

We need massive reform on the power of the prosecutor and the judiciary as institutional narcissism working for totalitarian movements now feeds on the public with renewed appetite.

But even casual observers must know in their hearts, reform is not possible. Only massive civil disobedience and general strikes can save liberty today.

Wisconsin Special State Senate Election May Signal Blue Wave

Wisconsin state senate special election signals backlash against
Trump and malice. Winning candidate stressed decency, (Twitter)

Wisconsin Dem Flips State Seat Win by Trump by 17 Points in 2016

Updated - Madison, Wisconsin—AP writer Todd Richmond's lede this morning on a special state senate election in Wisconsin points to a possible blue wave in 2018 directed against Donald Trump, the Koch brothers and many candidates with a R next to their names.

Writes Richmond:

A surprising Democratic upset in a conservative Wisconsin Senate district where voters overwhelmingly supported President Donald Trump just 14 months ago has raised liberal hopes of more election success coming this fall.

Patty Schachtner’s victory over an incumbent Republican state representative in Wisconsin’s 10th Senate District follows a series of Democratic wins across the country. Republican Gov. Scott Walker, who is up for re-election to a third term in November, took note, posting on Twitter minutes after Schachtner’s win calling it a 'wake up call for Republicans in Wisconsin.'

Democrat Patty Schachtner defeated Republican Adam Jarchow, (Facebook), in state senate district 10 in northwestern Wisconsin.

The district borders the northern Mississippi River and is known for stunning landscape and surface waters, (Wisconsin Senate District 10).

During Wisconsin's Lost Decade of Republican rule, 2011-2019, Republicans supported by billionaire-funded dark money have run slash-and-burn campaigns appealing to racism, engaging in massive voter suppression, and handed over the legislative and administrative policy agenda to rightwing special interests.

The Schachtner campaign which ran on relatively apolitical, be-decent, people-over-Party messages has the national political world taking notice, (Talking Points Memo).

Schachtner's winning campaign stressed being nice.

She told journalists she beat the Republican Jarchow because of mean-spirited, nasty mailings from special interest groups outside the district.

"It wasn’t nice. It was mean. People just said, ‘You know what? We’re nicer than that,’" (Milwaukee Journal-Sentinel).

Next up in national political tea reading is a special congressional election in southwestern Pennsylvania between Democrat Conor Lamb and Republican Rick Saccone, (Reuters). This Pennsylvania district is overwhelmingly Republican.

Wisconsin 2018 Gov Race—On Deer, Beer and Pizza

Pictured above is a deer sighting thought to have occurred in Waupun.

Small business and municipal police states conflict

Updated - Madison, Wisconsin— There is an old-school bar and recreational joint some four miles west of the University of Wisconsin-Madison campus.

Good Badger game-day specials, wonderful people; they even cook a hearty breakfast on Saturdays.

But places such as this independently owned oasis are not thriving like one may think as the Wisconsin Badgers consolidates our perennial status as an elite college football program.

"How's business on game day," I asked a 70-hour-a-week manager weekends back, "Looks nice, man."

"It's not like it used to be," said the gentleman. "The kids are too nervous to go out, and it's risking a lot of money for a few beers."

That's one problem with municipal police states, a new feature of Wisconsin society—really bad for small business. Cops today are dishonest, hostile and Republican in the Badger state. And despite the fact that most people still don't like assholes here, politicians criticizing police and celebrating cold beer is considered taboo here by many.

But, appeals to culture are still powerful, virtual winning tickets for political office.

Scott Walker's people know this. Democratic Party types don't.

Winning cultural appeals are something Wisconsin's evangelical, narrow-shouldered, whiny, and effeminate, (nothing wrong with that), Scott Walker understands.

Walker is a horrible cultural fit for Wisconsin, but he is also a craven and good liar.

Walker avoids unscripted public appearances, lies, and lies again, then plays dress-up in Harley gear, and using an excellent PR team cranks out message after message that work with rural and small-town Wisconsin.

Kids can shoot guns, horrors

For example, this week, Walker announced he has "signed a bill that eliminates a minimum age requirement to hunt in Wisconsin," the weekend before gun season, (WISC-TV).

In practical terms, the new law means virtually nothing. Deer hunting, (gun), season begins Saturday, Nov 18, and kids getting a buck is as normal in Wisconsin as drinking a beer when you're 15.

But the bill, Assembly Bill 455, is also brilliant politics.

I'm from Fond du Lac, Wisconsin. Growing up in Fondy, deer hunting and lakes being frozen in January are natural. It's the way it is and I love it.

Warm memories from the 1970s:

"Hey, Mike, Susie, (young teenager), got a buck last weekend."
—Way to gooo.

Or, "Susie caught a northern, (a fish)."
—Waaaaahl.

But I swear the Iowa transplant, Scott Walker, effectively knows more about Wisconsin culture than every single, politically inept Democratic Party muck combined, and I'm not even talking about the negative appeals to racism and resentment of those black and brown people in Milwaukee.

Walker is destroying Wisconsin. Democrats' letting him get away with it commit political malpractice, which in the age of the imbecile on the White House should be a capital offense.

I'll give you an example of cultural flat affect syndrome. During the Wisconsin 2011-12 recall campaigns, a Republican state senator from Fond du Lac was knocked off by one Jessica King of Oshkosh in 2011.

Who protects pizza and beer in Wisconsin? Anybody worth
listening to, that's who.

So, as a Fondy guy I told every Democratic Party muck including King's campaign that King would be narrowly defeated in the 2012 general election in a gerrymandered district unless King made an appeal to every Fondy and Fox Valley bar and restaurant on Main Street struggling in business, (except Joe's Fox Hot where cold beer and the best pizza anywhere make the place invulnerable to anything, thankfully).

This proposed appeal calls for the elimination of prohibition for 18-20-year-olds, an idiotic law making 100,000s old enough to die for their country but not drink a cold beer.

King, being a Wisconsin Democrat, ignored the advice and lost a close race in 2012.

Utterly, irretrievably hopeless.

In other Wisconsin legislative news this week, State Rep. Adam Jarchow, (R-Balsam Lake, Wisconsin), introduced a memo that will become a bill to lower Wisconsin's drinking age. It's a good bill, won't pass but it should.

Adam Jarchow is smart.

Jarchow's legislative initiative is in the Memo stage, LRB (Legislative Reference Bureau) 4551/1, and is quickly accumulating co-sponsors.

But do you think the Christian fundamentalist really likes slamming cold beer, or do Republicans know something that Democrats don't about Wisconsin culutre?

Here's the memo from for Jarchow's proposed bill; I'm all for it:

CO-SPONSORSHIP MEMO

TO:                  Legislative Colleagues

FROM:            Rep. Adam Jarchow
                        Rep. Rob Swearingen
                        Rep. Cindi Duchow

DATE:            Wednesday, November 8, 2017

RE:                  Co-sponsorship of LRB 4551/1 relating to: lowering the legal drinking age under certain circumstances

DEADLINE:  Friday, November 17, 2017

At 19 years old, there are very few things that you cannot do. At 19, you have legally been an adult for one year. Most importantly (and honorably) can enlist in the United States military, travel thousands of miles away to fight for our country, but are not able to enjoy an alcoholic beverage.

Today, we are circulating a bill that would allow a 19 year old person to legally drink in Wisconsin as long as it would not result in Wisconsin losing our federal highway funds. If that situation is not possible, then this bill would not go into effect.

The age of 19 was chosen in order to make sure that high school students are not drinking, thus causing unnecessary distractions while still in school. However, after that, men and women 19 years of age or older should be able to make that decision for themselves whether to drink alcohol or not. Further, countless hours and hundreds of thousands of dollars go into enforcing drinking laws in this state, especially on college campuses. Those efforts could be used for other important issues such as drug abuse and sexual assaults.

If you would like to sign on to LRB 4551/1, please email Rep.Jarchow@legis.wi.gov or call 267-2365 by Friday, November 17th at 5:00 p.m.

Analysis by the Legislative Reference Bureau

This bill lowers the legal drinking age to 19 years of age if doing so will not result in this state's loss of federal highway funds.

Under current law, the legal drinking age is the age at which a person may legally purchase, possess, and consume alcohol beverages and enter premises licensed for the retail sale of alcohol beverages unaccompanied by a parent, guardian, or spouse.  The legal drinking age in this state is currently 21 years of age. Under the federal national minimum drinking age law, a state that provides for a legal drinking age of less than 21 years is subject to withholding of 8 percent of federal highway aid annually.

This bill requires the state Department of Transportation to petition the federal

Department of Transportation for a determination as to whether lowering the legal drinking age in this state to 19 years of age will result in this state's loss of federal highway aid or other federal highway safety funds.  If no such loss of federal funds will result, the bill lowers the legal drinking age in this state to 19 years of age.