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DOJ appeals Schimel video release order

By: Eric Heisig//October 31, 2014//

DOJ appeals Schimel video release order

By: Eric Heisig//October 31, 2014//

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The Department of Justice will appeal a decision by a Dane County judge to make public training videos featuring Republican attorney general candidate Brad Schimel.

The department filed its notice of appeal Friday. The expedited filing came as a result of a deadline Circuit Judge Richard Niess entered that said he would release the videos by noon Friday if there was no appeal.

For now, the videos will not be released until at least Monday morning, when Niess will hold a hearing and decide whether to stay his decision pending appeal. But the decision all but guarantees the contents of the video will not be released in time for the election on Tuesday.

Schimel, the Waukesha County district attorney, is running against Democratic Jefferson County DA Susan Happ. Both are running to succeed J.B. Van Hollen, the Republican attorney general who has endorsed Schimel.

Niess’ decision came after the Democratic Party of Wisconsin filed a lawsuit last week asking Niess to release the video under the state’s public records law. The party, according to its lawsuit, contends that the videos “may include offensive racial remarks and ethnic slurs, including but not limited to stereotyped accents, as well as sexist remarks, made by Schimel.” However, Niess, in a hearing Thursday, said the two videos he saw contained “no misconduct” on Schimel’s part.

The Democrats’ attorney, Michael Bauer, of Bauer & Bach LLC, Madison, has accused the DOJ of stalling so the videos will not be released before the election.

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