Blanchard: Conduct of Jensen, Foti, Schultz was clearly illegal
10:53 AM 1/06/03
Dee J. Hall Wisconsin State Journal

Two Assembly leaders and a former staffer failed to cite any laws to support their argument that the campaigning they orchestrated on state time was legal, according to a brief filed Monday by Dane County District Attorney Brian Blanchard.

Former Assembly Speaker Scott Jensen, current Assembly Majority Leader Steve Foti and former Foti aide Sherry Schultz are seeking dismissal of the charges filed against them in October. Dane County Circuit Judge Daniel Moeser is scheduled to hear arguments on the matter Friday.

The three defendants argue that laws prohibiting the use of state government staff and resources for campaigns are vague, that Blanchard has no legal authority to prosecute them for violations of legislative rules and that the campaigning fell within the scope of their official duties.

In his reply, Blanchard rejected those arguments, saying, "Wisconsin statutes draw a bright line, and the defendants' alleged conduct falls squarely on the unlawful side of that line."

The charges against the Assembly Republican lawmakers and Schultz stem from the ongoing "John Doe" investigation into illegal campaigning and fund raising at the Legislature.

Jensen, R-Waukesha, is charged with three felony counts of misconduct in office for allegedly using legislative staffers to run Taxpayers for Jensen and the campaigns of other Republican Assembly candidates. He also is charged with a misdemeanor, intentional misuse of public position for private benefit, for allegedly placing Schultz on the Assembly payroll as a full-time campaign fund-raiser.

Foti, R-Oconomowoc, and Schultz each are charged with felony misconduct in office for allegedly misusing Schultz's $65,000-a-year position over two and a half years.

If the court were to accept the defendants' argument that campaigning was part of their official duties, "every 'campaign act' by a legislative employee, no matter how audacious a diversion of public resources for private campaign purposes, would be lawful," Blanchard wrote. "Members of the Assembly are not elected to use taxpayer money to run private political campaigns."

Addressing the vagueness claim, Blanchard argued that Jensen knew campaigning with state resources was illegal. He cited the former top legislative leader's "false statements regarding his conduct and knowledge when questioned by investigators."