The state Democratic Party is suing the state Justice Department to get access to videos of prosecutor training sessions led by Republican attorney general candidate Brad Schimel.
On Monday, the DOJ’s office of legal services refused to release two videos. The Democratic Party had asked for the tapes because it believes they contain questionable comments Schimel made while leading a training session for county prosecutors.
Madison attorney Michael Bauer, who was a staffer under Democratic Attorney General Peg Lautenschlager, is representing the party in the suit. He said the DOJ claims the videos contain references to specific cases that could violate the privacy rights of victims. Bauer said in a court hearing on Wednesday in Dane County that the department also cited another reason.
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“They say that the training is part of general prosecution strategy,” said Bauer. “That somehow isn’t recoverable under the public records law — not any specific strategy in an open case or anything, but just general strategy that prosecutors use.”
Bauer said if that justification holds up in court, it would put a big loophole in the states opens records law.
Journalist Bill Lueders, who heads the Wisconsin Freedom of Information Council, said the DOJ should be able to redact any sensitive information and release an edited version of the video.
“They can’t simply say there is some content on this video that we need to withhold therefore you can’t see any of the video,” said Lueders.
Brad Schimel’s campaign released a statement accusing Democrats of being willing to sacrifice the safety of crime victims for a political purpose. Wrote Schimel, “I don’t want predators and their defense attorneys knowing how to evade detection and jail time.”
Both Schimel and his Democratic opponent Susan Happ have been attacking each other’s records as prosecutors as the race remains in a dead heat.
A ruling on releasing the videos is expected next Thursday, just four days before the election.
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