June 25, 2011

Think Progress explains "Four Ways Justice David Prosser Can Be Removed From Office."

We've already been talking about this rather odd report that Prosser "grabbed" Justice Ann Walsh Bradley "by the neck." No one was arrested, and the story only got into the press via "at least three knowledgeable sources" that cannot be named because "professional relationships" need to be "preserv[ed]."

Ian Millhiser speculates about what might be done if it is, in fact, true that Prosser did this.
Like all accused criminals, Prosser enjoys a presumption of innocence and he should not be condemned until the evidence clearly shows that he is guilty.
It's very poor writing to say "accused criminals" when you mean "persons accused of a crime" and you're trying to stress the presumption of innocence. But no one was arrested, there's no pending prosecution, so why is he even saying that Prosser is accused of a crime? We don't even have a whole report of what supposedly happened. If there were a prosecution here, the whole story would come out — all sorts of details about the justices, and not just the snapshot of one hard-to-comprehend instant within the longer event. Who would end up looking the worst here? A decision was made, privately, to suppress the incident, and then 3 individuals — who? — decided to leak it out in a way that is, presumably, affected by subjectivity and political interest.

But sure. If Justice Prosser committed a criminal attack on another Justice, he shouldn't be on the court, even if he only lashed out after weeks or years of merciless bullying. And let's have the whole story. Maybe there are some other Justices who don't belong on the court. Clear out everyone who doesn't belong on the court. How will they be replaced? By appointment of the Governor — the formidable Scott Walker.

Is that what you want, Think Progress?

Anyway, Think Progress outlines the methods of ousting Prosser:
Resignation...
This is the easiest way for Prosser to end the controversy and give Scott Walker the chance to appoint a virtuous, strong, smart conservative.  Walker should pick someone with nerves of steel so to stand up to any verbal aggression without resorting to felonious neck-wringing.
Impeachment...

Removal by Address: A supermajority of both houses of the state legislature can also remove Prosser through a process known as “removal by address.”...
News flash: Wisconsin has a Republican legislature. 
Recall: As a last resort, Prosser may be removed by a recall election using the same process that was recently invoked to attempt to recall several state senators.
But you can't start this process until 1 year after his reelection, so settle down, people. But what is the point of all this? If Prosser goes, Walker appoints someone younger, more vigorously conservative, and without the baggage of old intra-court grudges. I think the point is to discredit Prosser and the conservative majority on the court, to undermine the public's faith in the work of the court. But I agree with Millhiser that if it's true Prosser reached a breaking point and started strangling Bradley, he should go. I doubt that's true, however, because there was no arrest. That's why we're getting the story in this unsourced, piecemeal form.

UPDATE: A more nuanced report from the Journal Sentinel has (unnamed) sources disagreeing about what happened. Someone is saying Bradley charged at Prosser with fist raised, and she ran into his defensively raised hands, then cried choked. 

84 comments:

FedkaTheConvict said...

Fat Chance.

Abrahamson and her sidekick are more likely to be gone before Prosser.

frank said...

Prosser would not have this problem were it not for passage of the 19th Amendment.

frank said...

Well, I guess being #2 will have to do Titus.

FedkaTheConvict said...

The lefty blogs are blowing up with this story.

This is a golden opportunity to get Prosser off the bench so why isn't Walsh Bradley filing charges? Is it because the circumstances that precipitated this alleged assault will become public? What does she have to fear?

Fred4Pres said...

I find this all rather unbelievable, but then again, who knows.

Obviously a criminal physical attack on another judge (or anyone for that matter) should get you kicked off the bench. But that of course assumes it actually happened. I suspect this is BS but if not bring forth the proof.

Lem said...

I doubt that's true, however, because there was no arrest. That's why we're getting the story in this unsourced, piecemeal form.

If it were true, given the consequences of the code of conduct, the story would have been out that same day and Prosser would have been Weinered.

nevadabob said...

"No one was arrested, and the story only got into the press via "at least three knowledgeable sources" that cannot be named because "professional relationships" need to be "preserv[ed]."

This is bullshit journalism.

Justice Bradley herself is available for comment and for journalists to refuse to even ask her the fucking question is evidence of a deliberate malice aforethought of the kind that should be proven in a libel trial against.

Justcie Bradley has said nothing. She has not reported any assault to the police. But she has allowed this "story" to permeate the airwaves.

The press have an absolute obligation to get an on-the-record statement from this justice whether she has been throttled by another justice or we should all just assume this story is a bunch of horseshit.

Dust Bunny Queen said...

if it's true Prosser reached a breaking point and started strangling Bradley, he should go

Seriously. Trying to strangle her shows a distinct lack of judgement and critical thinking. Too obvious.

A more subtle and devious method would be in order. Auto accident? Mysterious illness? Random mugging?

.....joking, for those leftards who think I'm seriously suggesting a judge should off another judge. Of course he should hire someone :-D

mesquito said...

Geez Louise.

They're still picking at this scab?

Losers.

nevadabob said...

"Like all accused criminals, Prosser enjoys a presumption of innocence ..."

What the fuck kind of a statement is that?

Prosser isn't an accused criminal. Nobody has legally accused him of anything - not least the judge he's supposed to have throttled.

We have libel laws in this country; and lots of folks are committing libel today with malice aforethought.

I hope Judge Prosser sues the fuck out of these people.

Charlie said...

DBQ: Seriously. Trying to strangle her shows a distinct lack of judgement and critical thinking. Too obvious.

A more subtle and devious method would be in order. Auto accident? Mysterious illness? Random mugging?


Sounds like a pitch for a Columbo episode.

Rose said...

This is sick. At this point I think we need to disband ALL orgs until something can be done and figured out about how to stop the grotesque travesty and bastardization of our system that they have brought about.

They are attack groups using the idea of grassroots as a cloak and to coat themselves with an undeserved legitimacy.

Soros and his groups have done more to harm every single layer of society than any of us realize.

nevadabob said...
This comment has been removed by a blog administrator.
nevadabob said...

Wisconsin State Journal: "It is unclear what day the incident took place."

That's some fancy investigatin' journalism right there.

Let's see:

Justice Prosser has not alleged any throttling took place.

Justice Bradley, given the opportunity to announce that she was throttled by David Prosser has refused to make such an allegation to the press.

No other justice would confirm that any throttling fight took place.

Wisconsin State Journal: "One source says Tubbs came in to meet with the entire Supreme Court about this matter. Tubbs, contacted by Wisconsin Public Radio, declined to comment."

One source says? One? Why not three? Why only one source on this allegation that the police were called?

Police Chief Tubbs refused to confirm to the press the truth of these spurious allegations made by "sources" allegedly hiding behind anonymity granted to them by a clearly hostile press.

This is an example of what happens when the press completely loses its objectivity. You see thinly-sourced attack journalism that even the people they're writing about won't confirm.

This story stinks to high heaven and I think the Wisconsin State Journal has opened themselves up to a significant libel action.

David Blaska said...

Three knowledgeable sources. Leaking to a Leftist advocacy journalist like Bill Lueders. Unnamed.

David Blaska said...

Who COULD they be, those 3.

garage mahal said...

I doubt that's true, however, because there was no arrest.

When Prosser was asked, he said "I have nothing to say about it". Not, "No, of course not".

It wasn't exactly a secret before the election that Prosser has a problem with women and a Krakatoa-like temper.

My guess is Bradley was telling him the truth that he is a partisan paid-for hack and he blew his lid.

Alex said...

Only in mahal's looney crazy twisted world does innuendo = charged criminal.

Alex said...

gey mah-fuck-al, if an assault happened why didn't Walsh go to the police to report a crime? Answer that fucknozzle.

Fred4Pres said...

Kloppenberg must be upset this all did not get leaked just before the election. Bad timing eh?

garage mahal said...

"Why didn't you report this right away".

You know what that sounds like?

nevadabob said...

"Wisconsin State Journal-Defamer: "It is unclear what day the incident took place."

So, let me see if I understand what the Journal is alleging: A state supreme court Justice has supposedly throttled another supreme court justice in a heated fight witness by a bunch of people and the cops were even called.

But nobody remembers what day that happened?

The day it happened "is unclear?"

Is that what I'm to understand? A massive fight occurred that saw a male justice strangling a female justice but nobody remembers that supposedly happened?

Is that it?

Does that stunning lack of detail raise any red flags for readers of the Wisconsin State Journal-Defamer?

FedkaTheConvict said...

This is a golden opportunity to finally get Kloppenburg, a former Abrahamson intern and protege, on the court.

So why weren't charges pressed?

SGT Ted said...

Boy, liberals sure like to throw people in jail for the flimsiest of excuses.

nevadabob said...

"It wasn't exactly a secret before the election that Prosser has a problem with women and a Krakatoa-like temper."

I think the only problem he has is with arrogant bitches ... not women. Huge difference.

But the larger question is why isn't Justice Bradley herself making these allegations? She refused to comment on this false story.

She was the one allegedly throttled, eh? Why is she refusing to make any allegation? She's been given ample opportunity to speak to the press and the citizens of Wisconsin.

If a crime has occurred, she has an ethical obligation to report it to the police. She is a member of the bar.

And yet, given the opportunity by the Wisconsin State Journal to speak to the press, she has refused to make any allegation against Justice Prosser either to the press, or apparently to the police.

Color me suspicious.

I mean, this looks like a coordinated effort by leftists organizations aligned with George Soros to create a groundswell around a story that has no foundation at all in fact - except for anonymous sources who can't even say what day this occurred.

They can't even say what day this all allegedly occurred.

Pardon me ... but if you're going to allege some tried to strangle a state Supreme Court justice, I think you'd better get your story coordinated enough to say whether it happened on a Wednesday or a Thursday.

JAL said...

Professor, you live in an evil, sick place.

Not to mention (but I will) where the Think Progress creators were when Juantita Brodderick was raped? Or Kathleen Wiley mauled in the White House?

Bunch of sick puppies these lefties are.

Hope other Democrats are noticing.

Dust Bunny Queen said...

"Why didn't you report this right away".

You know what that sounds like?

Casey Anthony suddenly remembering after 2 years that her kid might have drowned?

Mike said...

Love to see the lefties get all wee wee'd up on various outre` theories.

No bruises on the neck?
It must be dreck!

Sorta like Johnnie Cochran's glove theory.

Rick Caird said...

The Powerline boys refer to the staff at ThinkProgress (and Lee Fang in particular, as "cub reporters". That may be giving them way too much credit, but the point is well made.

edutcher said...

This is the way the Lefties operate. Never give up. Keep looking for an opening.

If you can find a crooked Lefty judge (distinction without difference), create a ruling that twists the law the way you want it.

And, although it's not what it once was, there's always trial by media if something can be distorted enough.

Rose said...

This is sick. At this point I think we need to disband ALL orgs until something can be done and figured out about how to stop the grotesque travesty and bastardization of our system that they have brought about.

They are attack groups using the idea of grassroots as a cloak and to coat themselves with an undeserved legitimacy.

Soros and his groups have done more to harm every single layer of society than any of us realize.


It would be nice to see Walker (or Kasich or Christie) just get fed up and investigate Soros at the state level.

God knows, the Feds won't do it.

At least until January, 2013.

SGT Ted said...

"Why didn't you report this right away".

You know what that sounds like?


What Ted Kennedy was asked after Chappaquidik?

Chef Mojo said...

It's always amusing to see Garage set a clever trap, only to have it sprung on his neck!

SNAP!

Garage, SGT Ted owned you like the bitch you are.

crosspatch said...

What I don't understand is that when the majority of the people clearly don't want their policies, these "progressives" still apparently believe they are somehow benefiting the community by resorting to tactics like these.

This actually works against them because it makes them even more unpopular. When a large number of voters place someone in office, it doesn't sit well with them when someone else goes around the democratic process to have the choice of those people nullified.

Just who the heck do they think they are? The patronizing attitude is simply amazing.

edutcher said...

crosspatch said...

What I don't understand is that when the majority of the people clearly don't want their policies, these "progressives" still apparently believe they are somehow benefiting the community by resorting to tactics like these.

You mean like same sex marriage?

Obamacare?

Cap and Trade?

MaggotAtBroad&Wall said...

This is Think Progress doing what it does best: Agitating and rabble rousing the far left by smearing conservatives. That's their sole prupose for existing.

FedkaTheConvict said...

Who COULD they be, those 3.

I'll take Patrick, Ann and Annette for $1,000, Alex.

melanerpes said...

Is this another case of Democrats sliming a judge to prepare a narrative of failure?

Di said...

My guess is that there was a fight but she attacked him first. That's why no charges and no denial by Prosser.

nevadabob said...

"My guess is that there was a fight but she attacked him first. That's why no charges and no denial by Prosser."

If this is true, then Mr. Prosser has made a serious fucking mistake. He needs to get out in front of this story with a press conference to explain exactly how Justice Bradley attacked him (if that occurred, and I too suspect that is what occurred).

The first rule of politics is that if you allow your opponent to frame the narrative then you're asking the media to fuck you over.

If this cunt judge attacked him, he needs to set all judicial "professionalism" aside and get out in front of this story.

Otherwise, Soros and his co-conspirators will decimate and destroy this Supreme Court Justice.

FedkaTheConvict said...

My guess is that there was a fight but she attacked him first. That's why no charges and no denial by Prosser.

In this scenario Prosser becomes Tiger Woods; denying he got beat with a golf club.

Rob Crawford said...

So Prosser is the new Palin?

I've asked myself more and more frequently the last few years, "does the left REALLY want the society their actions would build?"

Apparently they do. Sad. It was fun living in a civilized world.

Lgbpop said...

Well, I must be thick today but - no one filed a complaint, no one was arrested, no named individual would comment for the record and no person commenting would let themselves be named and no one would name them.

Why do I sense the teachers' union and the media trying to make something out of nothing?

Go ahead and remove him. Let the incumbent governor appoint his replacement. Now, let me think on this...who's the incumbent governor?

walter said...
This comment has been removed by the author.
walter said...

My gosh..
We have a justice with battered wife syndrome. What else is she hiding?

Steve said...

As to the four ways, you forget the fith, subliminal one: Violence.
This sort of story will give impetus and authorization to some Leftie to "remove" the problem.

PatCA said...

Well, at least they didn't list "guillotine" yet.

Mike said...

I went over and read the comments on the original post at Think Progress. I recall that Clarence Thomas supposedly used a "nuts and sluts" defense against Anita Hill's charges at his confirmation hearing. I don't know about the sluts (if any) who comment at Think Progress, but they sure do have a bushel of nuts who comment there.

Kev said...

(the other kev)

He left out "(5): Rob a bank wearing a life-like Prosser mask." Because that whole article is about on that level.

Drew said...

Let's remember that Think Progress is the place that posted photos of fake, racist Tea Party placards in an attempt to prove Tea Party racism.

They are liars. They are best ignored or treated like whiny babies who cry if they don't get candy.

walter said...

Nuts and Sluts were great. But they had a bad case of sophomore slump and the infamous lip syncing in concert issue. Let's see how many lips sync on the accusation. On top of it all, unnamed sources report Prosser is horrible at karaoke.

Sofa King said...

"Why didn't you report this right away".

You know what that sounds like?
What Anthony Weiner was asked after alleging that he'd been hacked by a rightwing conspiracy?

Just sayin'.

M. Simon said...

I hope the Ds try something along the lines mentioned - recall seems especially apt (when the time is right).

Then when they fail... Any one know how to make an origami tiger?

Freeman Hunt said...

Think Progress was also the site that lied about the Indiana abortion bill, making it sound as though the bill outlawed abortion even to save a mother's life.

They're totally unreliable.

M. Simon said...

Abortion should only be outlawed to save the government's life. Do you know how much a vagina inspector makes a year? How about a vagina inspector administrator. And then there is the Department Head (an unfortunate term for such an august personage). Checkin' out all those 16 year olds is hard work. Esp. if they do not shower after gym class.

garage mahal said...


Garage, SGT Ted owned you like the bitch you are.


Chappaquiddick

I'm so owned.

Phil 3:14 said...

Its not over till we say its over!

Rockeye said...

When one's only rebuttal is "check your spelling," a reasonable person can conclude that the point has been conceded.

pumping-irony said...

Will these methods work on Sonia Sotomayor and/or Elena Kagan?

Beldar said...

Prof. A, you were quick to point out the potential defamation liability (which I thought exceedingly thin) when Weiner blamed Twitter and yfrog for the [fictional] hacking of his account.

You might point out now that falsely accusing someone of committing a crime is a far, far more traditional -- and viable -- cause of action for defamation. Yes, Prosser's a public figure, but Think Progress' wild accusations are the classic example of recklessness needed to get past NYT v. Sullivan.

damikesc said...

So, the progressives are trying to undo an election they don't like?

Duly noted.

pbAndj said...

Was this the Justice he called a bitch? Is this the Justice he was going to destroy?

Sofa King said...

Was this the Justice he called a bitch? Is this the Justice he was going to destroy?


No.

pbAndj said...

Prosser likes to put these uppity gals in their place when they get too sassy.

"I probably overreacted, but I think it was entirely . . . warranted. They (Abrahamson and Bradley) are masters at deliberately goading people into perhaps incautious statements. This is bullying and abuse of very, very long standing."

Shorter Prosser: "They had it coming."

damikesc said...

Was this the Justice he called a bitch? Is this the Justice he was going to destroy?

She was the one who leaked the email, if memory serves. A cunt of the highest order.

BJM said...

Typical Garage, can't defend his comment and is forced to make a dick move.

Don't you ever tire of wearing a clown nose?



wv = pindeho ....phonetically... close enough

Carol_Herman said...

My mom told me anyone can threaten to sue ya. Best is to laugh it off.

Among all who sue, half lose. Because only one side of the table gets to victory. And, then the loser can appeal.

All these threats are good for lawyers. Since they can take any side.

While I'm sure Prosser enjoyed writing his opinion ... giving the majority to the Supreme Court. When they dismissed SUMI with a Latin insult.

Why only 4 ways?

Why not 10?

Why not throw in a mdeical diagnosis?

Nobody knows tomorrow.

But at least for some events you can plan.

Prosser can PLAN that on August 1st he gets a full ten years more as a justice on the Wisconsin Supreme Court.

Oh, yeah. And, Prosser has already seen Shirley Abrahamson having a hissy fit.

I bet at Madison's law school ... some opinions are read the same way a 15 year old boy reads Playboy.

Sending SUMI sinking is gonna get read, ahead. And, that Latin two-worder? Wow. What an easy question to answer on any law school test.

SUMI can say she's a sorority sister. And, she's holding a black ball. So what?

Where's the gain when the name of your sorority is STUPID?

Skookum John said...

Expect more of this as the union slush funds for the Democratic Party dry up. The Left is in mortal danger, and as desperate and dangerous as a wounded animal. Or maybe it's more like a meth head and his next fix. They will say or do ANYTHING to stay viable.

What we need to do now is open up another front. Attack the plaintiff's bar head on, with major, coordinated tort reform initiatives in multiple states and at the Federal level. They are the enemy of everything good about the America we grew up in, and we should be kicking them just as hard as we possibly can.

Take away the unions and the trial lawyers, and the Democrats are dead in the water. This would be a good use of the Koch brothers' money if they are as ruthless as the Left seems to think they are. I certainly hope so.

Carol_Herman said...

Going after Prosser is sort'a on par with our Libyan "mission creep."

Let me explain. If you just look at what's going on in Libya. Where we're told rational people have designed a "pilot program" which should be called: POUNDING SAND.

You get a textbook example of blowing things up in a desert. Where, by moving around sand, we're just swooping in and creating designs for constructing DUNES. Distegard that nature does this by herself.

While most of us are just watching. Fascinated, that a man who lives in a tent. And, wears dresses. Can't be found. Maybe, what the mission needs is that they just send in someone from Western Union. "TELEGRAM"

While in Madison there are people who've obtained (we are told) credentials to practice law ... seem at odds with common sense.

Sending TELEGRAMS would be equally as effective. You can't fool me.

rhhardin said...

A choke would be a dissent.

sarge said...

"even if he only lashed out after weeks or years of merciless bullying."

sarge herwe hahahaha bulling by the court's minority?

VanderDouchen said...

Mr. Prosser, when did you stop beating your fellow court justices?

WV: priti:

This is priti bizarre.

Michael Haz said...

Having spent time with the man, I remind you that Justice Prosser is maybe five foot five and 140 pounds. He's not going to attack anyone. The story is BS.

rhhardin said...

The courts have gone downhill ever since duelling was outlawed.

rhhardin said...

Dueling is not simple.

``..the time and place of the duel, the guest list, the selection of weapons and number of paces, dress options, and the decision regarding when to let the attending physician set up his instruments on the field...''

Dueling, the Cult of Honor in Fin-de-Siecle Germany Kevin McAleer.

Worse with women.

Canuck said...

This is ridiculous.

I don't care what party people are from or how many justices need to be reappointed by the governor -- if there was some sort of mutual physical fight they both should leave the court.

If she physically attacked him -- she needs to be off the court. Period.

If he did anything besides physically defend himself or if he physically attacked her -- he needs to be off the court.

Both should have left the room if he/she was able to do so safely. Period.

Adults don't behave this way. I don't give a crap about either judge's party affiliation --we would not accept this behaviour from two five year olds, and we should not accept if from State Supreme Court justices.

Furthermore, I do not excuse anyone who engages in physical attacks. I don't know or care who said what to whom -- there is no legal exception for physically attacking anybody.

I expect adults to act like adults -- walk away and figure out a legal way to handle it. Use legal channels to handle verbal assault.

Wisconsin's governing institutions are clearly dysfunctional right now. If I was Biddy I would have also left the state. Ridiculous!

alan markus said...

A lot of "he say/she say" to work through. I wouldn't read too much into the fact that nobody's saying anything - that seems to be SOP when things are being investigated. According to Milwaukee Journal Sentinel, Prosser has commented:
Prosser: Reports false that he placed hands on neck of other justice

Perhaps we need to shine a light on Chief Justice Shirley Abrahamson's leadership skills. At this point, it looks like she has none. I think she is about 77 years old, her term is into 2019 - will be 83 years old then. Wonder how she would hold up to a recall election? Unlike Prosser, she is recallable now.

walter said...

What are the odds that a physical attack in a room full of lawyers wouldn't provoke immediate legal action? Right.

Michael The Magnificent said...

More details: Argument between state Supreme Court justices got physical

"According to some sources, Prosser wrapped his hands around Bradley's neck. According to others, Bradley charged Prosser, who raised his hands to defend himself and made contact with her neck."

This is beginning to sound like a set-up.

walter said...

This beginning to sound like a reality show.

Rob said...

How is it so many people think they know what happened or should be done about something on the basis rumors?

If Prosser was charged by an angry woman and he stopped her without hurting her AND he chose not to report it, then good for him. Does every angry incident in human affairs require criminal charges?

John Lynch said...

People very often don't ask themselves "what will happen if I do this?"

dave in boca said...

Hmmmm.... Back ino the fifties, a Scotus named Hallows was a member of Supremes and his daughter Mary baby sat me when I was a kid growing up up in 'Tosa! Life goes oj within you and weithout you!!

dave in boca said...

Oops, sorry about the errors of fact and interpretation [and spelling]. It's Supreme Ct. in WI. not the US!

Akai_Tsuki said...

The Powerline boys refer to the staff at ThinkProgress (and Lee Fang in particular, as "cub reporters". That may be giving them way too much credit, but the point is well made.
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