A judicial rebuke

On Friday, Governor Scott Walker of Wisconsin's administration decided to bypass the Secretary of State's office. The Secretary is the official, under the Wisconsin constitution, charged with "publishing" new laws before they go into effect. He had been prohibited by the court from publishing the GOP anti-union law until a challenge to the legality of its passage was resolved. The Legislative Reference Bureau was ordered to post a link to the law on its website. The head of the LRB complied, but made a point of saying this action was not sufficient to allow the law to take effect.

Well, today Judge Sumi returned from her vacation. She wasn't amused!

If it wasn't clear last time, Dane County Circuit Judge Maryann Sumi made it clear on Tuesday: Any further implementation of Gov. Scott Walker's law limiting public employee unions is barred, and anyone who violates her order risks sanctions.

Sumi made her ruling at the end of a day of testimony in the open meetings lawsuit brought by Dane County District Attorney Ismael Ozanne. The hearing is scheduled to conclude on Friday.

"Now that I've made my earlier order as clear as it possibly can be, I must state that those who act in open and willful defiance of the court order place not only themselves at peril of sanctions, they also jeopardize the financial and the governmental stability of the state of Wisconsin," Sumi said.

Her statement appeared to be a warning to state agencies, such as the state Department of Administration, that have begun implementing the collective bargaining bill despite a temporary restraining order that Sumi issued on March 18 and the unsettled question about whether publication of the law by the Legislative Reference Bureau on Friday was enough to satisfy state law.

"Apparently that language was either misunderstood or ignored, but what I said was 'the further implementation of 2011 Wisconsin Act 10 is enjoined,'" Sumi said. "That's what I now want to make crystal clear."

The people of Wisconsin are devoting great energy to the eventual recall of Governor Walker. It appears he and his pals may soon make things easy by opening themselves up for impeachment proceedings. Even after today's warning from the bench, administration officials expressed their intention to continue acting as if the law was in effect.

Power Behind the Throne

While we can have a few chuckles, mocking Dick Cheney's self- appointed position as his own fourth branch of government, (see Friday's post) there is a serious story to be told about the Veep's unprecedented power and influence.

And now, it seems, the mainstream press is finally starting to tell at least some of that story. Here is an excerpt from a piece (the first part of a four-part series) by Barton Gellman and Jo Becker, staff writers for the Washington Post.

"Cheney preferred, and Bush approved, a mandate that gave him access to "every table and every meeting," making his voice heard in "whatever area the vice president feels he wants to be active in," Bolten said.
Cheney has used that mandate with singular force of will. Other recent vice presidents have enjoyed a standing invitation to join the president at "policy time." But Cheney's interventions have also come in the president's absence, at Cabinet and sub-Cabinet levels where his predecessors were seldom seen. He found pressure points and changed the course of events by "reaching down," a phrase that recurs often in interviews with current and former aides.
Mary Matalin, who was counselor to the vice president until 2003 and remains an informal adviser, described Cheney's portfolio as "the iron issues" -- a list that, as she defined it, comprises most of the core concerns of every recent president. Cheney took on "the economic issues, the security issues . . . the energy issues" -- and the White House legislative agenda, Matalin said, because he became "the go-to guy on the Hill." Other close aides noted, as well, a major role for Cheney in nominations and appointments.
As constitutional understudy, with no direct authority in the executive branch, Cheney has often worked through surrogates. Many of them owed their jobs to him….

Stealth is among Cheney's most effective tools. Man-size Mosler safes, used elsewhere in government for classified secrets, store the workaday business of the office of the vice president. Even talking points for reporters are sometimes stamped "Treated As: Top Secret/SCI." Experts in and out of government said Cheney's office appears to have invented that designation, which alludes to "sensitive compartmented information," the most closely guarded category of government secrets. By adding the words "treated as," they said, Cheney seeks to protect unclassified work as though its disclosure would cause "exceptionally grave damage to national security."
Across the board, the vice president's office goes to unusual lengths to avoid transparency. Cheney declines to disclose the names or even the size of his staff, generally releases no public calendar and ordered the Secret Service to destroy his visitor logs. His general counsel has asserted that "the vice presidency is a unique office that is neither a part of the executive branch nor a part of the legislative branch," and is therefore exempt from rules governing either. Cheney is refusing to observe an executive order on the handling of national security secrets, and he proposed to abolish a federal office that insisted on auditing his compliance." You can read the rest of this first installment here.