Although no votes were cast or results tallied, state Senate Majority Leader Chuck Chvala, D-Madison, lost one of the most important political battles of his career Wednesday, as he became one step closer to being indicted in the caucus investigation.
The caucus investigation began in June 2001, over allegations of taxpayer-funded caucus employees using state time and resources when campaigning for partisan candidates. This act, made illegal by state ethics laws, fueled the investigations of many high-profile politicians.
The Dane County Circuit Court was the site of the most recent development in the case that has rocked the Wisconsin political structure for almost a year and half.
Circuit Judge Paul Higginbotham denied a motion to issue a temporary restraining order against Milwaukee District Attorney Michael McCann, clearing the path for criminal charges to be levied against the state senator.
Chvala's attorney Patrick Knight sought to remove McCann from the caucus investigation, citing a previous conflict between McCann and Chvala over a blocked constitutional amendment that would have extended the district attorney's term of office to four years. Judge Higginbotham decided the issue would have no bearing on the criminal trial.
According to a Capital Times report, Milwaukee Assistant District Attorney and lead prosecutor in the investigation David Feiss has no sympathy for Chvala, calling Chvala's request a last-ditch attempt at preventing indictment.
\This is a desperate attempt by a desperate plaintiff to avoid public reckoning of serious, serious allegations,"" Feiss told The Capital Times.
UW-Madison political science Professors Dennis Dresang and Don Kettl both said they saw Chvala's attempt to remove McCann as both an endeavor to delay criminal indictment and a measure to ""save face"" for Democratic candidates in the upcoming elections.
Referring to the 18 charges already brought against Sen. Brian Burke, D-Milwaukee, Kettl explained Chvala's motives in requesting restraint.
""[More charges] could lead to concerns by voters about Democrats' control over Senate, and it could lead to fundamental changes in the way in which the state legislature, and therefore state politics, operate,"" he said.
Dresang said the charges will revolve around Chvala's role in ""Pay to Play"" fundraising and directing the democratic caucus staff in illegal campaigning activities. ""Pay to Play"" refers to the act of trading legislative action to various interest groups in return for campaign contributions for a particular candidate, party or Senate member. However, Dresang said there is the possibility of positive change that will result from Chvala's indictment.
""In a way, what we have here is an opportunity to return Wisconsin to a tradition of clean government,"" he said. ""There's been a real departure from that tradition in recent years, and a lot of it has revolved around an eagerness by political party officials to really shake down people for money.\
