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Conspiracy Theory…?
Written by Isaac Parker   
Friday, 02 September 2011 00:00

For leftists, no alleged scandal is ever over.  But for most of us, the Supreme Court Choke-gate saga is happily concluded.  Justice David Prosser will be reseated for another term

It’s not a bad idea, though, to take some time to think through why this whole episode may have unfolded in the first place.

Was Choke-gate perhaps birthed under an assumption that Democrats/unionistas would control the State Senate after the recalls?  The allegation against Justice Prosser would have provided grounds for a possible impeachment.  Without recall success, Democrats knew they’d never achieve a super-majority in the State Senate necessary for Prosser’s removal from office. They must also have known they wouldn’t be able to wangle an article of impeachment in the Assembly.  But Democrats clearly hoped that the threat of recalls would summon Republican timidity and provide more wiggle room. If just nine Assembly Republicans had been successfully tempted by reprieve (e.g., “Vote to impeach, and you won’t face recall.”), an impeachment trial could have been launched.
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In such a hypothetical situation, part of Article VII, Section 1 of the Wisconsin Constitution would have come into play:

“…..No judicial officer shall exercise his office, after he shall have been impeached, until his acquittal.”  (Note: impeachment is not removal from office. Rather, it is an indictment.  U.S. Presidents Clinton, Nixon and A. Johnson were all impeached but not convicted).

When I read this section of the state constitution, the Democrat strategy became clear: Drag out the Senate trial for months while left-leaning Dane County judges and the 4th District Court of Appeals rule against Governor Walker’s agenda. Without David Prosser the Wisconsin Supreme Court would have been largely locked up in tie rulings.  As a bonus, undergoing substantial abuse in Senate hearings (à la Clarence Thomas), Prosser, aged 68, might simply have opted to resign. With recall momentum building, the left could perhaps have dragged out impeachment hearings long enough to allow a newly elected Governor Feingold to appoint Prosser’s replacement.  A liberal court is born!

Obviously, I’m conjecturing.  But I also used to be a liberal.  I live and work amongst them.  I hear their comments.  I see conservatives frequently being outmaneuvered by the left .  Even if my theory about the intended role of Choke-gate has no basis in fact—though I think it does—I wanted to present these thoughts to at least open the minds of fellow conservatives to how the left thinks and why they, despite their minority in the population, have had such success for the past 80 years.  Conservatives tend to think only tactically, while leftists are accomplished at thinking strategically.  In chess or war if you don’t learn to think several moves ahead, you’ll never win.

Unfortunately, we’re not just playing a game.  Our future is at stake.

 

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