Wisconsin election investigator warns of subpoenas

Legal News

The retired conservative Wisconsin Supreme Court justice leading a Republican-ordered investigation into the 2020 presidential election released a video Monday threatening to subpoena election officials who don’t comply and saying the intent was not to overturn President Joe Biden’s narrow victory in the battleground state.

The unusual six-minute video from Michael Gableman comes after election clerks were confused by an email his office sent last week that was flagged in at multiple counties as junk, a possible security risk and not forwarded to municipal clerks as he wanted.

Gableman said Monday that if the state’s 1,900-plus municipal and county election officials did not cooperate with his investigation, he would “compel” them to comply. Republican Assembly Speaker Robin Vos has said he would sign subpoenas requested by Gableman as part of the investigation. Vos hired Gableman at a cost of nearly $680,000 in taxpayer money to conduct the investigation.

Vos declined to sign subpoenas sought by Rep. Janel Bandtjen, chair of the Assembly elections committee, seeking ballots, voting machines and other data in Milwaukee and Brown counties.

Gableman said local clerks who run elections in Wisconsin will be required to prove that voting was done legally.

“The responsibility to demonstrate that our elections were conducted with fairness, inclusivity and accountability is on the government and on the private, for-profit interests that did work for the government,” Gableman said. “The burden is not on the people to show in advance of an investigation that public officials and their contractors behaved dishonestly.”

Gableman, in his video where he appears to be standing in front of an image of the state Capitol, said his intent was not to challenge the results of the 2020 election that Biden won in Wisconsin by nearly 21,000 votes over former President Donald Trump. Some Republicans have called for a broader audit and said they believe there was widespread fraud, despite no evidence of that. Only two people out of about 3.3 million people who cast ballots have been charged with election fraud.

Those pushing for an audit similar to one done in Arizona’s Maricopa County have pushed the false claim that the election was stolen from Trump.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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