MADISON, Wis. — During his first public testimony on the Republican-led investigation into the 2020 election, retired Justice Michael Gableman told lawmakers on the Assembly Committee on Campaigns and Elections about obstructions to his efforts during a hearing Wednesday evening.


What You Need To Know

  • Ret. Justice Michael Gableman gave his first testimony on the GOP-led election investigation Wednesday evening

  • He told lawmakers the probe is focused on the influence of outside money, issues with the state elections commission and the authority of clerks, and a review of voting machines

  • Gableman also said his office will look into allegations of election fraud at a Racine Co. nursing home

  • The lead investigator from the Racine Co. Sheriff's Office also testified and answered questions about election integrity

70 days after the creation of the Office of the Special Counsel, Gableman still kept his cards close to the chest and did not reveal significant details. However, he did give a better sense of the key areas his team is prioritizing.

Gableman didn't hold back on criticisms and told the committee he is fighting “powerful forces” against the work of his office.

“Whoever Tony Evers and Josh Kaul are serving in this matter, it is certainly not the public,” Gableman said.

Gableman also accused the attorney general of standing in his way on behalf of special interests.

“We have the bizarre specter of our state's highest-ranking law enforcement official denying the citizens he is supposed to be serving their right to find out what happened in their election,” Gableman continued.

A narrowed focus

Gableman commended the review by the independent, non-partisan Legislative Audit Bureau, and promised to do a deeper analysis focused on three things:

  • The influence of outside money
  • Issues with the state elections commission and the authority of clerks
  • A review of voting machines

To accomplish those objectives, Gableman told the committee his office, which has fewer than 10 people on the payroll, is staffing up.

Democrats wanted to know who is doing that work.

“I think you owe it to the people of Wisconsin to share that information so that we know where our taxpayer dollars are going and who it's going to and what their qualifications are and to do anything less than that is simply a disgrace,” State Rep. Jodi Emerson, D-Eau Claire, said.

State Rep. Jodi Emerson, D-Eau Claire, asks Special Counsel Michael Gableman a question as State Rep. Mark Spreitzer, D-Beloit, watches.

“If I appear to be a little crabbed about the information that I am sharing, it's because I'm being cautious,” Gableman replied. “Do you know why? Powerful and rich forces are aligned against me. They are lining up. They know how the game is played. I'm going to do this the best that God gives me the ability to do.”

Republicans argued those details will be subject to open records requests once the investigation is over and focused on the challenges Gableman's probe has faced so far.

“On page seven of this document, the third paragraph on the page, it says 'To date, my office has already collected and review thousands of governmental and other documents.' Have you received pretty much universal cooperation other than those who lawyered up,” State Rep. Jeremy Thiesfeldt, R-Fond du Lac, asked.

Committee Chair State Rep. Janel Brandtjen, R-Menomonee Falls, listens as invited speakers give testimony.

“Let me say we have had varying degrees of lack of cooperation from the rest,” Gableman said. “We have, perhaps heeding Governor Evers' advice to lawyer up, we have the City of Green Bay hiring the three law firms, so I don't even know who I am allowed to talk with there. The City of Madison has been tough.”

Officials in some cities have asked for more specifics before agreeing to sit-down interviews. So far, none have happened.

Expanding the investigation

Gableman also told lawmakers his probe will look into allegations of election fraud in nursing homes in Racine County where the sheriff's office has recently finished an investigation.

Wednesday afternoon Lt. Michael Luell, who led the investigation, discussed how he believes the Wisconsin Elections Commission broke the law by recommending local clerks not send Special Voting Deputies to nursing homes because of the pandemic.

Lt. Michael Luell of the Racine Co. Sheriff's Office answers questions about the investigation he led into alleged election fraud at a Mount Pleasant nursing home.

Though commissioners felt those poll workers would be turned away, Lt. Luell said the visitor log at Ridgewood Care Center in Mount Pleasant showed nearly 900 people visited the facility from March 13, 2020, through Nov. 2020.

“Who is more important than the Special Voting Deputies that are required by law,” Luell asked. “We have the Orkin guy, kitchen repair, elevator repair, we have the guy that cleans the fish tank, got through 11 times, to clean a fish tank.”

Eight families said their loved one who lives at Ridgewood Care Center in Mount Pleasant, Wis. voted despite feeling they did not have the capacity to do so.

The Racine County Sheriff's Office said eight residents of the Ridgewood Care Center cast a ballot even though their families members didn't think they had the capacity to vote.

Sheriff Christopher Schmaling has recommended five of the six state elections commissioners be criminally charged for advising poll workers not to be sent to care facilities to assist residents.