Kirk Bangstad, owner of the Minocqua brewery and a political gadfly, said he would go to court to force the Wisconsin Elections Commission to exclude Donald Trump from the state’s 2024 presidential election, the 14th Amendment to the U. S. Constitution.
Bangstad on Thursday filed a complaint with the election commission over Trump’s exclusion, which is not easy. The dismissal of the electoral commission came almost afterwards, in a letter stating that the complaint “is being processed without examination by the commission. “
Bangstad expected the commission’s dismissal and told reporters after filing the document that he expected it to be rejected and that he would sue the commission in circuit court to assert the complaint’s claim. After receiving the dismissal notice, Bangstad said it would file legal action next week.
Bangstad said he sees Article 3 of the 14th Amendment as a transparent justification to save Trump from running for president again.
His elections commission complaint says, “Donald Trump disqualified himself and forfeited his right to serve as President of the United States of America by choosing power over the oath he took as an officer of the United States to uphold the Constitution of the United States and engaging in an insurrection against the Country he swore to protect.”
It calls on the six commissioners to claim Trump “disqualified from office as President of the United States of America” and to “deny Donald J. Trump to the number one Republican poll for the 2024 presidential election. “
The complaint cites a Wisconsin law that requires a voter who believes an election official’s action or omission “is contrary to law” or an abuse of discretion to file a complaint with the commission “requesting that the official comply with his conduct. “towards the law. “
The commission’s response to Bangstad, signed by a staff attorney, says: “It is the position of the Commission that a complaint against the Commission, against Commissioners in their official capacities, or against Commission staff, warrants an ethical recusal by the body.” The response also cited a 2022 Wisconsin Supreme Court opinion that declared “it would be nonsensical to have WEC adjudicate a claim against itself.”
And in a follow-up message via Bangstad, attorney Angela Sharpe wrote that, under the commission’s interpretation, state law “no longer prohibits an individual from bringing an action or filing a claim in a court of law. “
After receiving the response, Bangstad wrote on Minocqua Brewing’s Facebook page: “This resolution is a win for us as it saves my team about a month of confusion with the WEC and allows us to register our case at the Dane County Circuit early next week.
Trump is currently awaiting trial on federal charges such as the Jan. 6 indictment, according to special indictment Jack Smith, prompting some critics to say attempts to remove the former president from the election are an untimely conviction.
Bangstad maintains that Article 3 does not require a user to be convicted of committing an insurrection: “You were simply part of an insurrection,” he told reporters at a news conference in the first-floor lobby of the Tommy G Center. Thompson. where the offices of the Election Commission are located.
This is the second time Bangstad has attempted to block applicants from Wisconsin over their movements on Jan. 6, 2021, the day Congress met to certify the November 2020 election and Trump supporters rallied and attacked the U. S. Capitol, delaying certification for several hours.
In 2022 Bangstad sued in federal court to keep Wisconsin Republican Congress members Tom Tiffany and Scott Fitzgerald, as well as Republican Sen. Ron Johnson, from running for reelection that year. He charged that all three promoted lies that Trump had won the 2020 election, and Tiffany and Fitzgerald voted against certifying the election on Jan. 6.
The case was dismissed, and it was ruled that Bangstad had first informed the election commission, which is guilty of certifying candidates for election.
The brewer said it filed the lawsuit in 2022 in federal court because it did not agree to let the Wisconsin Supreme Court take up its allegations in the case. At least three of the conservative justices on the court were then “largely in Donald Trump’s pockets,” he said, siding with the Trump campaign’s attempt to block the certification of the 2020 election in Wisconsin.
Judge Brian Hagedorn was the only member of the conservative bloc to reject the Trump campaign’s call in 2020. “If I had voted the other way, we would have had a constitutional crisis and potentially a civil war,” Bangstad said.
He said the state Supreme Court’s ideological shift with the April election of Janet Protasiewicz, whom Bangstad actively supported, gave him hope that his petition to keep Trump out of the election will get a fair trial as the justice system moves forward.
Bangstad had said in the past that challenging Trump’s prestige in the election would be a waste of time and money, however, the Colorado Supreme Court’s Dec. 19-3 ruling to prevent Trump from voting in that state changed his opinion. The party appealed the ruling to the United States Supreme Court.
Bangstad criticized Wisconsin Attorney General Josh Kaul and U. S. Attorney General Merrick Garland for their handling of events related to the 2020 election and upcoming events.
Kaul, he said, has moved to prosecute 10 Republicans who posed as electors and submitted fake voter certification papers that said Trump had won Wisconsin. On Dec. 6, the fake Republican electorate settled a lawsuit against them for their actions, signing an acknowledgment that Biden won the 2020 state election.
Bangstad criticized the composition of the election commission (by law, with 3 Republicans and 3 Democrats) as “designed to fail. “He also said the election commission’s decisions are also suspect since one of the fake voters, Robert Spindell, remains a member of the election commission despite calls from Democrats and some nonpartisan voting rights activists for his removal.
Because the Wisconsin Justice Dashboard never comments on whether and whom it investigates in specific, limited circumstances, Kaul’s office declined to say directly whether the 2020 fake voter scheme is part of an active investigation conducted by the ministry.
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by Erik Gunn, Wisconsin Examiner December 28, 2023
Kirk Bangstad, owner of the Minocqua brewery and a political gadfly, said he would go to court to force the Wisconsin Elections Commission to exclude Donald Trump from the state’s 2024 presidential election, the 14th Amendment to the U. S. Constitution.
Bangstad filed a complaint with the elections commission Thursday demanding Trump’s exclusion. The election commission’s dismissal came almost immediately afterward, in a letter saying that the complaint “is being disposed of without consideration by the Commission.”
Bangstad expected the commission’s dismissal and told reporters after filing the document that he expected it to be rejected and that he would sue the commission in circuit court to assert the complaint’s claim. After receiving the dismissal notice, Bangstad said it would file legal action next week.
Bangstad said he sees Section 3 of the 14th Amendment as a clear justification for preventing Trump from running for president again.
His elections commission complaint says, “Donald Trump disqualified himself and forfeited his right to serve as President of the United States of America by choosing power over the oath he took as an officer of the United States to uphold the Constitution of the United States and engaging in an insurrection against the Country he swore to protect.”
It calls on the six commissioners to find Trump “disqualified from serving as President of the United States of America” and to “refuse Donald J. Trump access to the 2024 Republican presidential preference primary ballot.”
The complaint cites a Wisconsin statute that allows a voter who believes that an election official’s action or failure to act “is contrary to law” or an abuse of discretion to file a complaint with the commission “requesting that the official be required to conform his or her conduct to the law.”
The Commission’s reaction to Bangstad, signed through counsel, reads: “The Commission’s position is that a complaint opposed to the Commission, opposed to the Commissioners in the performance of their official duties, or opposed to the Commission, justifies a moral challenge through the body. The reaction also cited a 2022 Wisconsin Supreme Court opinion that said “it would be absurd for the WEC to rule on a claim opposed to itself. “
And in a follow-up message via Bangstad, attorney Angela Sharpe wrote that, under the commission’s interpretation, state law “no longer prohibits an individual from bringing an action or filing a claim in a court of law. “
After receiving the response, Bangstad wrote on Minocqua Brewing’s Facebook page: “This resolution is a win for us as it saves my team about a month of confusion with the WEC and allows us to register our case at the Dane County Circuit early next week.
Trump is currently awaiting trial on federal charges such as the Jan. 6 indictment, according to special indictment Jack Smith, prompting some critics to say attempts to remove the former president from the election are an untimely conviction.
Bangstad contends that Article 3 does not require a user to be convicted of committing a — “you were simply part of an Array,” he told reporters at a press convention in the first-floor lobby of the Tommy G. Thompson Center, where the election commission’s offices are located.
This is the second time Bangstad has sought to block candidates from the Wisconsin ballot for their actions on Jan. 6, 2021 — the day Congress met to certify the November 2020 election and supporters of Trump rallied and assaulted the U.S. Capitol, delaying certification for hours.
In 2022, Bangstad sued in federal court to save Wisconsin Republican Congressmen Tom Tiffany and Scott Fitzgerald, as well as Republican Senator Ron Johnson, from running for re-election that year. He accused the three men of lying that Trump won the 2020 election, and Tiffany and Fitzgerald voted against certifying the election on January 6.
The case was dismissed and it was ruled that Bangstad had first informed the election commission, which is guilty of certifying candidates for the election.
The brewer said it filed a lawsuit in 2022 in federal court because it did not accept as true that the Wisconsin Supreme Court would take up its allegations in that case. At least 3 of the conservative justices who sat then were “very much on Donald Trump’s side. “pockets,” he said, siding with the Trump campaign’s attempt to block the certification of the 2020 election in Wisconsin.
Justice Brian Hagedorn was the only member of the conservative block in 2020 to reject the Trump campaign’s appeal. “If he had voted the other way, we would have had a constitutional crisis and potentially a civil war,” Bangstad said.
He said the state Supreme Court’s ideological shift with the election in April of Janet Protasiewicz — whom Bangstad actively supported — made him hopeful that his petition to keep Trump off the ballot will get a fair hearing as it works its way through the court system.
Bangstad had said in the past that challenging Trump’s prestige in the election would be a waste of time and money, however, the Colorado Supreme Court’s Dec. 19-3 ruling to block Trump from voting in that state changed his mind. The party appealed the ruling to the U. S. Supreme Court.
Bangstad criticized Wisconsin Attorney General Josh Kaul and U. S. Attorney General Merrick Garland for their handling of the events surrounding the 2020 election and the events that followed.
Kaul, he said, should have acted to prosecute 10 Republicans who posed as electors and submitted false election certification documents that declared Trump had won in Wisconsin. On Dec. 6, the Republican fake electors settled a lawsuit filed against them over their actions, signing an acknowledgement that Biden won the 2020 election in the state.
Bangstad criticized the makeup of the elections commission — by law, with three Republicans and three Democrats — as “designed to fail.” He also said the elections commission’s decisions are also suspect because one of the fake electors, Robert Spindell, remains an elections commission member despite calls by Democrats and some nonpartisan voting right activists for him to be ousted.
Because the Wisconsin Justice Sweep never comments on whether and on whom it conducts investigations, in special and limited circumstances, Kaul’s office declined to say directly whether the 2020 fake voter scheme is part of an active investigation through the demember.
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Deputy Editor Erik Gunn reports and writes on work and the economy, health policy and related subjects, for the Wisconsin Examiner. He spent 24 years as a freelance writer for Milwaukee Magazine, Isthmus, The Progressive, BNA Inc., and other publications, winning awards for investigative reporting, feature writing, beat coverage, business writing, and commentary.
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