The Race for Wisconsin Attorney General

Home , Bronson La Follette, Don Hanaway, Ed Garvey, Jim Doyle, Kathleen Falk, Peg Lautenschlager

APOLITICAL MELODRAMA THE RACE FOR WISCONSIN ATTORNEY GENERAL

JEFF MAYERS

n a year when the The race for the governor’s race Wisconsin’s top cop I and the race for rarely has more sub- the open congression- plots than a TV crime al seat in northeastern show. But the 2006 Wisconsin are captur- version qualifies as a ing national attention, genuine melodrama you wouldn’t think and exhibits more the political class intrigue than the tur- would care about a lit- moil three decades tle ol’ attorney gener- ago when Robert al’s race. Warren resigned the job in 1974 to take a But they do. federal judge appoint- A simple mathe- ment. matical formula Let’s introduce explains. One very the players in the cur- vulnerable incumbent rent political drama. equals three chal- lengers—all declared and running full-fledged Democrats campaigns even before winter weather The Calculating Governor: First-term enveloped Wisconsin. Democratic incumbent Jim Doyle has clashed Making it more interesting is the thinking with the current AG, Peg Lautenschlager, and that the attorney general’s race could affect the so activists speculated early on that Doyle outcome of the governor’s race. Giving it polit- would seek a primary challenger to her or try to ical heft is the Republicans’ concerted quest to force her out of the race. While they perceive capture the attorney general’s (AG) office for him to have a poor record when getting the first time since Green Bay’s Don Hanaway involved in primaries, strategists said there was captured it for only one term in 1986. And good reason for the governor to encourage a dif- making it absolutely compelling is the fact that ferent Democratic attorney general candidate. the current incumbent governor seeking re- A losing attorney general candidate could election, Jim Doyle, is a former son-of-a-feder- hurt him in the general election but a strong al-judge attorney general who has an apparent candidate —especially a strong liberal female favorite in the Democratic primary. Doyle, by candidate from the right area—could maxi- the way, is the guy who beat Hanaway in 1990 to establish the Democrats’ latest domination Jeff Mayers is the president of WisPolitics.com, WisOpinion.com and WisBusiness.com, Web-based news ser- of the office. vices in Madison.

Wisconsin Interest 1 mize the Democratic votes he needs in the The Cool Challenger: Kathleen Falk is the Democrat-rich counties of Milwaukee and Dane County executive. She used to be one of Dane to win, strategists said. the state Department of Justice’s public inter- venors, positions so hated by conservatives The Vulnerable Incumbent: First-term that Governor Tommy Thompson and Democratic incumbent Peg Lautenschlager, a Republicans eliminated them in the mid-1990s. former U.S. attorney in Madison under Bill But oddly, Thompson, many in his clan, and Clinton, ran for the office four years ago. She some Republicans got to like Falk because she became the Democratic nominee by default reached truces with the development crowd on when Brian Burke, the front-runner and state contentious issues like the expansion of senator from Milwaukee, became the first big- Highway 12 between Madison and the time politician charged in what has become Wisconsin Dells. known as the “caucus scandal.” Burke late last year was sentenced to a jail term and fined She ran for governor in 2002, but lost in the after a plea deal with prosecutors. primary to Doyle. Her third-place finish— behind Doyle and then-Congressman Tom In November 2002, Lautenschlager beat by Barrett—didn’t seem to tarnish her much. a whisker then-Outagamie County District Attorney Vince Biskupic (brother of She gained such bipartisan stature that in Milwaukee U.S. Attorney Steven) after April 2005 she won re-election to another four- Biskupic ended the campaign with getting bad year term without opposition and joined Doyle editorials because he wouldn’t release records on some of his initiatives, helping the camps of concerning what later became a full-blown the one-time rivals to get along. controversy—making secret deals under Politico pros also noted that Falk kept which people would avoid criminal charges by fundraising throughout her non-competitive paying into a “crime prevention fund.” race for re-election. Lautenschlager went on to clash with Obviously something was up. County offi- Doyle over his raiding her Department of cials don’t raise money for the heck of it. The Justice (DOJ) staff and his dalliance with speculation continued, Falk calculated her Republicans on the so-called Jobs Creation Act, strategy, and a group of Assembly Democrats, which became law over her objections. usually the most loyal to Doyle, finally encour- Then came that night in February 2004, aged her to run in a public way. That spurred when the state’s top cop drove drunk. Video loud and public opposition from top state was captured and played on the nightly news. employee union chiefs. In an extraordinary A tearful press conference followed. Then and scathing letter AFSCME Council 24 offi- troubles with her use of a state car. A State cials Marty Beil and Bob McLinn blasted Ethics Board fine capped months of bad pub- Assembly Minority Leader Jim Kreuser for licity. Doyle appeared to offer scolds, not sup- signing on to the Falk petition. Their letter port. And finally, breast cancer, successful read: treatment, and a heightened reputation as a Is your own house in such good order that “fighter” for environmental protection and lib- you can spend precious energy throwing eral causes, embracing the “activist AG” label. rocks at your neighbor’s, which is home to She also was seen bolstering her standing in a leader who has a clear vision of what it the north and west with her successful person- means to fight—against all odds—for al prosecution of a nationally-covered case, the what is right? Are you embarrassed by her Chai Vang deer-hunter-murder trial. She pre- courage in overcoming cancer while show- pared for re-election determined to show ing more energy for the fight than your Doyle and her detractors that she could win. entire toothless caucus combined?

2 Winter 2006 Nonetheless, Falk on November 7, 2005, Van Hollen, son of a former lawmaker, declared that she would challenge won the unscientific WisPolitics.com straw Lautenschlager—evoking strains of sympathy poll at the state GOP convention in 2005 by a and anger from the liberal Democratic fold. wide margin and showed surprising strength for a candidate with no real base, according to That wasn’t the only flack she encountered. scientific WisPolitics.com polling done in At her Madison announcement, she was asked October. by a reporter whether she ever has driven drunk, Falk seemed momentarily caught off The Intense Prosecutor: Paul Bucher is the guard. “I don’t know,” she answered quietly. marathon-running 20-year vet of the Waukesha County district attorney’s office. “You don’t know?” asked a reporter. Bucher has toyed with the race before, “You don’t know if you’ve ever driven only to pull back to the safe job. drunk?” asked another. But now he’s running full bore as the Falk then answered evenly, “I've never tough-on-crime candidate who has one of the been impaired while driving.” richest Republican bases It was a bumpy take- in the state. off, but those on board the These two candidates Falk Express declared she met in early December in would prevail through bet- If Falk wins, she sets a WisPolitics.com debate ter organization and in Madison. They dis- fundraising and the back- herself up to run for cussed issues ranging ing of the Democratic from concealed carry of establishment. But early governor in 2010. If she weapons to the meth reviews by political insid- drug problem. They ers in late fall were uneven loses, politicos say her rarely differed on the because of career likely will be rhetoric, but their styles Lautenschlager’s early and backgrounds provid- domination of union kaput. ed a lot of contrast. endorsements and Falk’s slowness to quickly expand • Both said they were her campaign structure. confident that the concealed carry bill would It was a huge political gamble. If Falk pass constitutional muster. wins, she sets herself up to run for governor in 2010. If she loses, politicos say her career likely Van Hollen said: will be kaput. The issue that needs to be addressed, more One key indicator wasn’t available by importantly, is how involved government press time: the 2005 campaign fundraising should be in our lives when there hasn’t reports. been a necessity shown for that. That’s why the concealed carry bill is so impor- Republicans tant. This bill will take the government out of our lives in an area where 46 other states The Nice-Guy Prosecutor: J.B. Van Hollen have shown it’s not necessary for the gov- has held two county district attorney positions ernment to be involved. in Ashland and Bayfield counties before becoming the U.S. attorney in Madison— Bucher agreed, adding, Lautenschlager’s old job. More importantly, it’s about time law- abiding citizens of this state should no

Wisconsin Interest 3 14 to 17, 2005. 2005 CTOBER —O Lautenschlager Van Hollen Undecided Falk Van Hollen Undecided Lautenschlager Bucher Undecided FalkLautenschlager Van Hollen Undecided Bucher Falk Undecided Van Hollen Undecided Lautenschlager Bucher Undecided Falk Bucher Undecided ESULTS R OLLING P WisPolitics Poll RepublicanIndependentDemocrat 9Total 27Garin-Hart-Yang Poll 63 61 29Republican 33 39 8 44IndependentDemocrat 33 29 9 na 33Total 37 34WisPolitics.com Poll: Surveyed 600 Wisconsin residents by telephone between Oct. 2 and 4. 56 49 na 13 81 20Garin-Hart-Yang Poll Numbers from Lautenschlager campaign: The poll of 504 likely Wisconsin voters was conducted October 35 42 na 54 8 44 2 43 21 na 28 36 28 7 17 31 44 na 29 69 28 65 69 14 35 na 43 37 28 7 55 2 32 na 32 24 24 4 39 29 33 na 17 39 57 63 25 83 33 na 51 45 33 36 8 5 27 na 32 33 35 12 40 na 23 16 70 na 37 51 2 27 28 36

4 Winter 2006 longer be afraid of the bad guys, the bad • The candidates said they’d focus the power guys should be wondering whether or not of the AG office on fighting crime, and blast- the law-abiding citizens have leveled the ed Lautenschlager for pursuing issues like playing field. suing the federal government over FDA But they clashed as Van Hollen contended approval of the “morning after” pill. Bucher was a late-comer to the issue. • Bucher jabbed at Van Hollen for lacking When asked about what separated him his experience of 20 years as a DA. from his opponent, Van Hollen said it was the I have done this my entire career. I have weapons issue. not gone from job to job to job. I am not There are a few issues we differ on . . . I trying to use this position or any other believe perhaps we have in the past. You position to satisfy anything other than get- will find that I always favored concealed ting into the attorney general’s office and carry, I believe I’m the only candidate that being a law enforcement official. has done that. “I don’t agree that moving from one job to Bucher took exception. the next means you have a lack of experience,” Van Hollen countered. I have always support- “The fact that I have been ed concealed carry. promoted by the presi- Anybody who says I didn’t doesn’t know my Bucher and Van Hollen dent of the United States record and is misrepre- to a law enforcement senting it. leadership experience said they believe the beyond simply being a • Bucher and Van district attorney shouldn’t Hollen said they proposed Defense of be a negative against J.B. believe the proposed Van Hollen.” Defense of Marriage Marriage Act would Act would also stand also stand up to • Democrats attacked Van up to constitutional Hollen for an abortion tests, and agreed it constitutional tests. comment he made at the will not prohibit pri- debate. vate employers from Asked whether “gov- offering domestic ernment should be partnership benefits involved in the personal (even though opponents of the amend- decisions as to whether somebody should have ment said it would). an abortion,” Van Hollen responded with the Bucher said. following: If a firm or any other entity wants to pro- I believe government should be involved in vide same-sex partnership benefits—be our lives as little as humanly possible. . . . But my guest. Government, however, should obviously I don't believe in anarchy. I believe not be forced to do it. The taxpayers of this the government has to be involved in our state should not be forced to do it under lives in certain circumstances. Government the guise that it’s a marriage. has to be involved in our lives for purposes of protecting the public and protecting the safe- “The people of the state of Wisconsin ty of all citizens. All individuals, including an don’t want those governmental mandates, but unborn fetus. You are not going to find me they want permissiveness for businesses and saying that I believe that that is something other entities. That constitutional amendment that should be the choice of an individual any provides both sides of the coin,” Van Hollen more than I believe that homicide in any said. other circumstance should be the choice of a specific individual.

Wisconsin Interest 5 Democratic Party of Wisconsin Chairman Tommy Thompson. Doyle has yet to lose in a Joe Wineke said of Van Hollen's comments, statewide race. “J.B. Van Hollen is saying in no uncertain But this primary has different, and maybe terms that as attorney general, he would arrest dangerous dynamics. This time it’s perceived women for exercising their health care rights. by many Lautenschlager supporters, unions, It is profoundly disturbing that J.B. Van Hollen and activists that a Democratic governor is apparently believes an incest victim who meddling in a party primary because of per- chooses to terminate a pregnancy is more of a sonal dislike, creating sympathy for criminal than the perpetrator. Lautenschlager. Some insiders speculate that a Bucher also expressed his ”pro-life” cre- bruising primary between Lautenschlager and dentials. Falk could tear the party apart and result in a lot of bad publicity and feelings for Doyle, I'm pro-life. I've been pro-life my whole life, and I deal with that on a daily basis in who already has trouble with the left wing of my job as district attorney. But government his party. Lautenschlager also has the backing must be involved to some extent, it's all a of two formidable Democratic elders, Bill matter of degrees. And the government has Dixon and Ed Garvey, and Doyle’s liberal lieu- an obligation both legal, and moral, to pro- tenant governor, Barbara Lawton. tect an unborn child. I call it a child. That individual, whether he or she, has the As of mid-January Lautenschlager had same rights and same reasons to be pro- jumped out to an early lead in union endorse- tected as you and I do, and government ments, always a key component in a has a responsibility to do it. If not govern- Democratic primary. “They love Peg,” said a ment, who else? Lautenschlager campaign spokesman. “She's While some Van Hollen supporters were been a stalwart supporter of working men and dismayed about his strong anti-abortion state- women in Wisconsin, and they recognize ment, saying it could hurt him in a general that.’’ election, other strategists said getting attacked But Democrats speculated Falk could end by the Democratic Party on the abortion issue up with the backing of two big powers—the could help Van Hollen with right-wing Wisconsin Education Association Council, a activists in the Republican primary. key Doyle ally, and SEIU, the health workers’ But for many politicos, the political soap union that backed Falk in her 2002 governor opera on the Democratic side was more inter- run. esting. A Falk campaign spokeswoman suggested It wouldn’t be the first time there was a big her candidate would get her share of union primary race for AG. endorsements, adding Falk is getting “fabu- lous responses” from the unions who are yet The Lautenschlager-Burke primary fizzled. undecided. “I hear money is coming together But before that was the 1990 race between well. But they do need a better political opera- Doyle, at the time a former Dane County dis- tion,” added one Falk friend in December. trict attorney, and state Senator Bill Te Winkle. “Yes, she could still win, but clearly not the Te Winkle at the time was the establishment way she imagined she would. The blogging candidate, but Doyle beat him and went on to has been brutal. Has any (major) labor union beat Hanaway. Doyle had a scare in the big indicated they will support Kathleen?” added Republican year of 1994, when former another veteran Democratic observer. Milwaukee-based U.S. Attorney Jeff Wagner challenged him, but he maintained his unde- One union insider said unions that got feated record despite a sometimes-hostile rela- behind Lautenschlager early were “politically tionship with then Republican Governor less-sophisticated unions that don't have politi-

6 Winter 2006 cal programs. The more sophisticated unions are we with people who have helped us in are keeping their powder dry. . . . There will be the past. I think it’s an interesting debate. more of an even split at the end of the day.” If we had unlimited money, I would say The insider said the unions have to choose we need to take care of just the people that have taken care of us in the past. We don’t between loyalty, always a meaningful consider- have unlimited money. We need to be ation to labor, and pragmatism. While Falk has smarter about how we use our resources. I always been popular with unions, think we have to factor electability in. That Lautenschlager has been in a better position to doesn’t mean it’s the deciding factor. help them as AG than Falk has as a county executive, the union insider acknowledged. But Wineke, the state Democratic Party chair- many in labor will have to weigh which candi- man and a Doyle ally, said primaries are often date can win a general election, and which will good. help most in getting Doyle re-elected. “These are two extremely talented candi- “Those who may endorse against dates . . . but this notion that somehow pri- (Lautenschlager) may believe it's not possible maries are necessarily destructive I don’t buy,” for her to remain as AG, and by promoting her Wineke said in a WisPolitics.com Web cast it could hurt Doyle's chances,” he said. interview late last year. “These are two good

WISCONSIN ATTORNEY GENERAL —1959-PRESENT Democrat John Reynolds 1959-63 Republican George Thompson 1963-65 Democrat Bronson La Follette 1965-69 Republican Robert Warren 1969-October 1974 Democrat Victor Miller October 8, 1974 to November 25, 1974 Democrat Bronson La Follette November 25, 1974 to 87 Republican Donald Hanaway 1987-91 Democrat James Doyle 1991-03 Democrat Peg Lautenschlager 2003-Present Source: Wisconsin Blue Book

The decision facing unions is reflected in people. I don’t see them throwing brickbats at these recent interview comments from Andy each other for the next year. . . . I think that Gussert, a Democratic strategist who was primaries in most cases actually enhance a can- recently elected head of AFT-Wisconsin, which didate going into November. . . . I think both as of late December had not endorsed in the Peg and Kathleen can win in November. I race. think a good primary that stays above board If Kathleen Falk runs for attorney general helps them both.” and wins, she could also be the next gover- But even if Republicans get their wish and nor. It would be wonderful for AFT- Lautenschlager and Falk beat up each other Wisconsin to have a relationship with our and splatter Doyle in the process, history isn’t future governor. At the same time, Peg Lautenschlager has been sticking up for exactly on the side of Republicans in their issues repeatedly . . . being a hard advo- quest to take back this office. The office in cate. So we have to take a hard look where Wisconsin has been in GOP hands only 11 of

Wisconsin Interest 7 the 46 years dating back to 1959, when Stewart “It is what it is. We worry about things we Honeck gave up the office to future can control. And we can’t control a primary on Democratic Governor John Reynolds in 1959. the Democratic side,” said state GOP Chairman Rick Graber in a WisPolitics.com And lately, while Republicans have domi- Web cast interview late last year. nated the Legislature and many special elections, they haven’t done well in statewide con- What we do have is two very strong candi- tests. Going into the November 2006 elections, dates. . . . On the other side, we’ve got the the top statewide Republican elected official is current attorney general, whose conduct in Treasurer Jack Voight. On the federal front, office is well documented, is a fair topic for discussion. And you’ve got Kathleen Falk, there are two Democratic U.S. Senators and a who from what I can tell, on the far fringe losing record in the presidential elections since of her party. . . . This is (also) a person that Reagan’s re-election victory in 1984 (Vote has virtually no (criminal) prosecutorial fraud or no fraud, the record shows that experience. Republicans have come close to taking Wisconsin in the George W. Bush’s election Added Graber, “I think the one thing you runs, but have come up short both times.) can predict is that none of these candidates will have a whole lot of money coming out of Then came sub-par numbers for a lame- the (September) primary. So it will be a fair duck president, and predictions in some quar- fight.’’ ters of a banner Democratic year. Bush’s numbers rebounded, as did Republican hopes late A fight that politicos will watch with great in the year. interest. Some Republicans claim the odds of taking the seat went down when Falk entered the race.

8 Winter 2006