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Practicing politically driven prosecutorial discretion

By M.D. Kittle

MADISON — Liberal district attorneys in Dane County and Milwaukee County declare they won’t prosecute medical professionals who violate Wisconsin’s law banning abortion, a long-standing statute that was effectively unfrozen by last week’s Supreme Court ruling striking down Roe v. Wade. Democrat Attorney General Josh Kaul said he would not enforce the law.

The left-wing prosecutors’ pro-abortion resistance movement runs counter to the oath they swore upon taking office, in which they vowed to:

“…(S)upport the constitution of the United States and the constitution of the state of Wisconsin,” and that they “will faithfully discharge the duties of said office to the best of my ability. So help me God.”

But a legal expert said the wide-ranging powers of prosecutorial discretion allow liberal DAs to thumb their noses at enforcing the laws they don’t like.

“The only recourse is to vote them out of office, and that’s not going to happen in Dane County and Milwaukee County,” said the Wisconsin attorney, who asked not to be identified.

“The guy in Milwaukee comes out and says, ‘I’m going to release people on low bail and they are going to murder people.’ He keeps getting elected,” the attorney said, referring to Milwaukee County District Attorney John Chisholm. The liberal DA’s “progressive” form of justice has helped cheaply set free untold numbers of violent offenders who have gone on to be charged with brutal assaults and homicides.

Luke Berg, deputy counsel for the Wisconsin Institute for Law & Liberty, said the prosecutors’ rhetoric is a “transparent attempt to nullify the law that sets a dangerous precedent.”

“The governor and AG can’t just erase a law they don’t like. That’s not how lawmaking works in Wisconsin,” Berg said.

While prosecutorial discretion can be a saving grace in a society with an overabundance of laws on the books, the liberal prosecutors’ resistance movement is the latest example of Democrats in power politically picking and choosing the laws they don’t want to follow.

Gov. Tony Evers, who says he will offer clemency to doctors convicted of performing abortions in Wisconsin, has spent his time in office defying state laws. Most crushing to liberty, the Evers administration extended its COVID-19 lockdown order without going through the state Legislature as required by law. It took a state Supreme Court ruling to stop the devastating lockdowns. The same with Evers’ statewide mask mandates.

At a forum Monday night, the Republican gubernatorial candidates said they would can district attorneys who refused to enforce the law.

Evers, Kaul, the Democrat DAs, all owe their offices in no small part to the hefty campaign contributions they have received from pro-abortion organizations and activists. So perhaps its not surprising that Milwaukee law enforcement officials reportedly refused to investigate the recent threat of violence against a pro-life activist.

Milwaukee resident Sara Storms reported on Facebook: 

In front of Planned Parenthood, as I was walking up toward the building with no signs, just balloons and a baby on my hip, an older gentleman pulls up across the street and begins cursing at us, I engage with the Gospel and he says he is going to “beat your a*** b****” while coming in my direction.  He halts on the sidewalk across the street as he realizes that there are news cameras.  A brother walks my direction to call the man out for treating women like that, they engage, the man yells that he is going to get his gun and shoot him. I call police, police say “well, look what you’re doing out here” and proceed to tell me there is nothing they can do.  After we press them, they say the most they can do is ticket for disorderly conduct.  Could you imagine if the situation was reversed?  Craziness!

Prosecutorial discretion tinged with politics.

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