Three Wisconsin Movements Converge to Fight Fascism

Iron County District Attorney Martin Lipske protects corporate
militia from prosecution though it illegally acted without a
license in two Wisconsin counties

"This flavor of Dairyland fascism comes with heaping helpings of stupidity, arrogance, and insult."
- Blue Cheddar 

Pollution, bullets and jail have become the defining features of Wisconsin.

A confluence of movements is flowering in Wisconsin, spreading fast as police overkill and Scott Walker stand ready to call out the national guard to quell lawful, anti-GOP political activity.

How I wish this were an exaggeration.

One citizen movement calls for the rule of law to be observed for the preservation of the habitat and environment that would be contaminated by the proposed open-pit Gogebic Taconite mine.

The Gogebic Taconite mine's private and illegal militia is protected by Scott Walker and Iron County DA Martin Lipske, amid anti-Native American racism among Republicans in northern Wisconsin, some of whom are part of a greater anti-Native American movement nationally such as the hate groups, the Citizens Equal Rights Alliance (CERA) and Citizen's Equal Rights Foundation (CERF).

Such groups as CERA and CERF make common cause with Wisconsin Republicans.

Said Barbara With at this week's public hearing on the Gogebic Taconite’s bulk sampling permit application in Hurley, Wisconsin, as reported by Rebecca Kemble and Blue Cheddar: 

"When corporations collude with legislators by paying them and legislators vote for the corporations and abandon the people of this state it’s called 'fascism' and that’s what happened to this state. And even as we speak right now, 12:15 in the capitol of Wisconsin there are jack boot capitol policemen arresting innocent protesters who are singing because this administration wants to quash dissent. They want to quash the voice of the people."

- Video from Rebecca Kemble

Scott Walker, mining companies and their corrupt public officials such as DA Martin Lipske may be itching for a military-police solution, but the rule of law demand these forces contend with settled federal law such as United States v State of Washington (Case No. 03-35145 (1974)) and its progeny cases; United States v State of Washington. (Case NO. CV 70-9213. Suproceeding 01-01. Memorandum and Decision. March 29, 2013) protecting the habitats upon which Native Americans have, by federal law, the guaranteed right to hunt and fish.

As Professor Charles Wilkinson wrote:

"This iron mine complex cannot go ahead without a full analysis of the treaty rights of the Lac Courte Oreilles (LCO) band. More than a century and a half ago, the LCO negotiated treaties that guaranteed tribal members the right to hunt and fish on their former lands. The transfer of those lands by the tribes has been of great benefit to the non-Indians of northern Wisconsin but the courts have squarely recognized that, in return, those promises must be honored. Earlier this year a federal judge in Washington State ruled, under similar circumstances, that the treaties require more than just allowing tribal members to hunt and fish—the treaties also require healthy habitat so that the species can thrive. And, so, the question is: 'Will this mining complex adversely affect the habitat of treaty-protected species?' If so, the proposed mining project will have to be revised or abandoned."

That Native Americans are human beings, protected by the rule of law—including of course federal Indian Treaty law—presents a problem for the energy extraction industry.

No matter that Wisconsin Republicans such as Wisconsin State Rep. Tom Tiffany, R-Hazelhurst, said, "The (mining) bill reflects the reality of mining. There are going to be some impacts to the environment above the iron ore body. If the law is challenged and ends up in court, the judge needs to know it was the Legislature's intent to allow adverse (environmental) impacts. That way, a judge can't find fault if the environment is impact." (Pierce. Esquire; March 8. 2013)

Actually, a federal judge will find much fault. Because one Tom Tiffany, and one political party, declares Wisconsin free from the obligations of federal law to despoil the environment does not make it so.

State law in Wisconsin, even under Republican Party rule, can also force the Gogebic (G-Tec) mine to stop the toxic effect from sulfuric acid and asbestos of its operations, as the mining company and GOP brand conservationist as "terrorists."

Said Bob Gollubske, a farmer in the Town of Kimball in Iron County at a Wisconsin Department of Natural Resources public hearing on G-Tac's bulk sampling on August 15, 2013: "I'm that terrorist that's going to save your life, your life from a mining company. ... Government here doesn't like me. They don't like men that protect their home and family; they put you in jail."

Mr. Gollubske's right, the corrupt people in government like Scott Walker and Iron County District Attorney Martin Lipske want to protect blasting asbestos particles into the atmosphere, the water, the forests and farms like Gollubske's.

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A second movement also springs from Iron County and is the sought-after affirmation of the rule of law so far denied: The movement to free an innocent man, Don Miller, a cause with support across the nation and the University of Wisconsin-Madison Law School's Innocence Project staff, also in Hurley, Wisconsin this week gathering depositions, affidavits and other exculpatory evidence.

 DA Martin Lipske taunts an innocent man in prison in letter

Miller was railroaded 16 years ago and remains in prison through the efforts of the corrupt Iron County Judge, Patrick J. Madden, and Madden's political ally, the same corrupt and inept Iron County District Attorney, Martin Lipske who fronts for the mining company and Walker.

The innocent Miller was accused of all manner of crimes after he decided to leave his live-in girlfriend and serial liar, Connie Vargovich.

Material now being gathered by the Innocence Project will prove Vargoich lied in an vulgar act of vengeance against Miller while Vargovich was engaged in a secret affair with Judge Patrick J. Madden before, during and after Miller's trial over which Madden presided.

This multi-year liaison is an egregious career-ending, conflict-of-interest move by Madden.

As recently as 2012 Madden ordered Miller to remain in prison despite the District Attorney and the Innocence Project's joint agreement to immediately free Miller.

Lipske in a spasm of conscience, or perhaps self preservation of his legal career had told Miller's attorneys Miller was to be freed with Lipske's stipulation.

Lipske had reported to the Court that exculpatory DNA evidence was inexplicably destroyed while in Lipske's custody, after assuring the Court he would preserve this very evidence. The evidence was destroyed with no explanation from Lipske.

Thr agreement to free Miller was shot down by Madden in a bizarre hearing before Madden (who still had not recused himself) in which Madden rejected the deal that would have freed Miller.

Last month, incredibly, Lipske upset over publication of the fact his license to practice law was suspended for misconduct for almost four years wrote Miller a letter last month taunting Miller who still is serving a 42-year sentence.

Lipske's letter reads in part: "My intentions were to send a copy of the stipulation in which I agreed to your release. However, between the time that I received the form and the due date, I received another letter through the actions of your parents challenging my license to practice law. Therefore, nothing was sent as I intended."

Lipske, in this bizarre letter sent by a sitting district attorney, says in his letter to Miller that because the State Bar of Wisconsin keeps publicly available information on attorneys licensed to practice law in Wisconsin and that such information was noted by Miller's parents, Lipske had to renege on his agreement to recommend immediate parole for Miller last month.

Yes, the text of the letter is incoherent. I have a copy of Lipske's letter dated July 11, 2013 at this link.

The case is State of Wisconsin v. Donald R. Miller [Case Number: 97 CF 60].

But no matter how isolated and corrupt notorious Iron County Wisconsin (population 5,900) is, it can not hide forever from the rule of law, or the Wisconsin Office of Lawyer Regulation.

Nor can Scott Walker's Capitol police, and nor can Gogebic Taconite’s mining operation which will face federal law.

From the Anatomy of a Wrongful Conviction:

This is Part II which provides additional information, details and facts demonstrating the inconsistencies, false swearing, perjury, and many lies told by Don Miller's false-accuser, Connie Vargovich, and proves felony misconduct and an obstruction of justice by the officials involved in this case: Circuit court judge for Iron County, Patrick J. Madden; District Attorney for Iron County, Martin J. Lipske; Former Iron County Sheriff Robert Bruneau; Former Iron County sheriff’s deputy, Joe Robinson; and Current Iron County sheriff, Tony Furyk.

The facts provided here are also published on the Internet and have been provided to the above named persons and none of the following has ever been refuted, proven false, or in any way undermined as being anything but true. There are more than enough facts and evidence hereto cause the arrest, prosecution, and conviction of all named persons.

There is much documentation supporting all the following facts as true, which includes certified court transcripts, certified phone records, witness statements, police reports, sworn affidavits, professional investigator reports and tape recordings, court records, information provided by persons having firsthand knowledge, and admissions made by several of the above named persons. This comprises powerful and conclusive evidence of crimes having been committed by Connie Vargovich and the above named officials.

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Officer Syphard and two new hires. What are they afraid of?
Officer Michael J. Syphard grabbed a photographer and threw
him to the ground this week. Syphard was not on duty shortly after.Sloey, reached by phone said he cannot
comment on Syphard or related matters. Photo by Craig Spaulding

Finally, another citizen movement is subject to  mass arrests, as they continue singing and  walking at the Wisconsin State Capitol, where Scott Walker's cops are arresting veterans, seniors, journalists, Madison alders and virtually anyone.

This week includes another surreal scene in which a Walker cop arrested The Progressive Magazine's Matt Rothschild for "obstructing," as Rothschild took notes and photographed some one of some 200 protesters who were participating in the Sing Along on the grounds of the capitol.

See Rothschild's Wis. Policeman Rebukes Walker’s Cops.

Said Tom Alisankus, a Wisconsin police officer, lawyer and a teacher of criminal justice at Rock Valley College in Rockford:

"I’m really angered at my brethren police officers who are arresting people who pose no threat to public safety. They swore to uphold the Constitution, and by arresting people here they are being more beholden to Scott Walker than to the Constitution, which is very distasteful for me as an officer of 31 years"

Scott Walker's cops arrest elderly women - Photo: Craig Spaulding

I’m trying to get my head around why this is a priority for law enforcement. There are so many accidents on I-90 (Highway). So why are the state troopers arresting 80-year-olds? That’s crazy for me as a cop."

All three movements advocate for the rule of law.

I have personally spoken with many of the 1,000s of citizen activists; all are dedicated to the good will and determination for freedom enshrined in the anthems, We Shall Overcome and Down By the Riverside.

Before the end of  World War II, the great jurist, Robert H. Jackson said, "Our Constitution and our philosophy of law have been characterized by a regard for the broadest possible liberty of the individual."

John Nichols writes in The Nation:

Wisconsin Governor Scott Walker is no John Adams (of the "Alien and Sedition Acts" infamy). But prospective Republican presidential candidate’s delusions of imperial grandeur have led him to cobble together a set of rules that he is using to have dozens of dissenters (including veterans, grandmothers and grandfathers, mothers with children and top teachers) arrested for assembling in the rotunda of the state capitol and singing labor songs.

Never mind that the “Solidarity Sing Alongs” were held peacefully, and without significant incident, before the governor’s crackdown began this summer.

The arrests escalated on Thursday. And, though Walker plays on a small stage, those familiar with the basic outlines of American constitutional history will note a certain historical irony in the drama the governor has scripted.

First, an elected official, Madison Alder Mark Clear, the former president of the city council, was arrested for joining in the singing of “This Land Is Your Land.”

Then, just a few minutes later, Progressive magazine editor Matt Rothschild was detained when he attempted to record what was happening. Rothschild informed the arresting officers that he was a journalist and that he had every right to cover the story.

Clear and his fellow singers can point to a US Constitution that guarantees that Americans may assemble and petition for the redress of grievances—and to a Wisconsin Constitution that is even more explicit, declaring, "The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged."

Rothschild can point to a US Constitution that guards against any abridging of the freedom of the press—and to a Wisconsin Constitution that is even more explicit, declaring that “no laws shall be passed to restrain or abridge the liberty of speech or of the press.”

Yet, both men were arrested. The governor and his allies argue that a federal court ruling that allows officials to establish permit requirements has cleared the way for a wholesale rejection of constitutional values.

As Wisconsin remains under siege by unlawful corporations, unthinking police, and corrupt prosecutors and politicians, the very conspiratorial underground movements Justice Robert Jackson feared in the United States after coming home from Nuremberg.

In form and effect, the corrupt and criminal have imprisoned the innocent Don Miller for 42 years, imperiling our constitutional liberties and only just beginning to transform Wisconsin into a state towards a future heretofore unknown, with most Wisconsin Democratic Party officeholders silent and content to be bystanders.

As Ros Nelson of Mellen, Wisconsin said:

We're living in a crazy time, and Wisconsin is a crazy governance. ... G-Tec's goons emerged out the forest with camouflage, automatic weapons, black bandannas over their faces. It surprised the hell out of some my friends, and I asked the question, and no one has answered it, 'who are those bullets for,' you what they're for, they're for us. If they don't kill us with bullets, they'll kill us with pollution. Any child would know that blowing up the Penokees (Hills) is insane. The details seem absurd to me because on the face of it, destroying our watershed, the cleanest water in the world. letting it flow into Lake Superior, ... letting it destroy our trout streams, it's insane. I hope you (the DNR) can do your work in the climate that is this fascist government that is Wisconsin.

An exaggeration?

Ask Don Miller. Ask Katie Kloth. Ask Bob Gollubske. Ask Barbara With.