A Republican lawyer hired to investigate the 2020 presidential election in Wisconsin has reportedly been routinely deleting documents he considers “irrelevant or useless,” drawing legal scrutiny.
The practice was revealed after watchdog group American Oversight requested an injunction to hinder Michael Gableman, a former Wisconsin Supreme Court justice spearheading the election review, from destroying the documents.
INVESTIGATOR URGES WISCONSIN TO CONSIDER DECERTIFYING 2020 ELECTION, ALLEGING MALFEASANCE
“Petitioner has learned that Respondent Office of Special Counsel has been regularly deleting records under its clearly incorrect view that it is not required to retain records a view that was explicitly rejected more than six months ago by the Wisconsin Legislative Council and that finds no support in Wisconsin law,” the group argued in a court filing Wednesday.
Attorneys for Gableman told the group his office has destroyed documents it deems “irrelevant or useless” in a letter penned to the group dated April 8. State law requires most public officials to retain records, according to the Milwaukee Journal Sentinel. The letter came in response to a request to a letter American Oversight sent them alleging his office had not turned over all its records in compliance with a prior court ruling.
An exception in the law that permits lawmakers to destroy certain types of records applies to him, Gableman’s attorneys argued in the response letter. Under the law, if records still exist, lawmakers must turn them over in compliance with public records requests.
“When a document comes to the OSC, the OSC evaluates whether the document is of use to the investigation. If it is, that document is downloaded and kept for further investigation, or for use in the OSC’s reports and recommendations. If the document is irrelevant or useless to the investigation, the OSC deletes that document,” his attorney wrote in the letter.
The head of the Legislative Council, Dan Schmidt, released a memo last year stating that state record retention rules applied to Gableman and that the exemption for lawmakers did not apply to him, the Milwaukee Journal Sentinel reported.
News of the deleted records drew criticism from state Democrats, including state Sen. Chris Larson, who argued it was another reason to end his inquiry.
Despite state law forbidding the practice, Michael Gableman’s team recently admitted they routinely destroy records in the course of their sham investigation into the 2020 election.
If we needed yet another reason to end this taxpayer-funded mess, we certainly have one.
— Senator Chris Larson (@SenChrisLarson) April 21, 2022
The Washington Examiner attempted to reach out to attorneys for Gableman for comment but did not receive a response.
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Last summer, state General Assembly Speaker Robin Vos hired Gableman to review the 2020 election in the state following pressure from the party over former President Donald Trump’s allegations of election fraud.
Joe Biden triumphed over then-President Donald Trump in Wisconsin, winning 49.45% to 48.82% by about 20,000 votes. Trump alleged that voter fraud and irregularities took place in states that he lost, such as Wisconsin. However, courts and election officials have roundly rejected the claims. Gov. Tony Evers certified the results after a canvas and some county recounts.
Gableman released his preliminary interim report last month and alleged there was sufficient malfeasance in the election for the state to consider decertifying the election. Much of his claims centered on assertions that Meta CEO Mark Zuckerberg subverted the election by donating to a nonprofit group that helped municipalities adjust election procedures during the pandemic. His report received heavy pushback from the Wisconsin Elections Commission.
