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>> The following program is
a PBS Wisconsin Original

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production.
>> Absentee ballots have

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started to go out in
Wisconsin as the Trump

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administration pushes for
restrictions on who can

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vote by mail and the state
attorney general's race

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picks up speed. Good
evening. I'm Zac Schultz

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filling in for Frederica
Freyberg tonight on here.

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And now, election officials
provide guidance and advice

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for ensuring mail in
ballots reach their

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destinations. Attorney
general candidates Josh

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Kaul and Eric Toney make
their case to be the

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state's top cop, and Tommy
Thompson, former governor

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and health and human
Services secretary,

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reflects on the 25th
anniversary of terrorist

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attacks in the U.S. it's
"Here& Now" for September

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11th.
>> Funding for "Here& Now"

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is provided by the Focus
Fund for journalism and

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Friends of PBS Wisconsin.
>> At this hour, we are

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still waiting to hear if
the United States Supreme

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Court will allow the U.S.
Postal Service to move

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forward with new rules on
how they will handle

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absentee ballots. The rules
come from the Trump

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administration and would
likely mean millions of

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mail in ballots would not
be processed by the Postal

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Service and never make it
to clerks offices around

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the country by Election Day.
Currently, a U.S. federal

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appeals court has upheld a
lower court that blocked

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the rules from moving
forward. But the final word

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will come from the Supreme
Court. Meanwhile, clerks in

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Wisconsin are moving
forward with their election

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plans, and that includes
Dunn County Clerk Andrew

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Mercil, president of the
Wisconsin County Clerks

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Association. Thanks for
>> Thanks for having me.

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>> So while we await this
ruling from the Supreme

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Court, is this decision
hanging over your head or

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do you have too much else
going on to worry about it

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for right now?
>> Well, there's quite a

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bit going on in Wisconsin
as it relates to getting

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ready for the elections
this fall, as are all the

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72 county clerks. But we
are keeping a close watch

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on what the Supreme Court
might decide to do as it

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relates to this ruling now,
in the state of Wisconsin,

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there are already 260,000
absentee ballot requests

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that have been made. And of
those, around 75,000

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ballots have already been
mailed out. So they're

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already in the process in
the system. And we want to

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ensure that voters feel
comfortable making sure

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that their absentee ballot
as of now, will still be

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processed the normal way it
would through the mail

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system.
>> So what advice have you

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been given by the Wisconsin
Elections Commission on

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what you would do in case
the Supreme Court says, no,

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these rules can go forward?
>> Yeah, so we have several

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opportunities in the state
of Wisconsin if that were

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to happen. So if they want
to try to present a portal

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that the US Postal Service
would have to make sure

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that all the ballots would
be processed through that

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portal, Steil doesn't exist.
So we've gotten indications

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from the United States
Postal Service that even if

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they still wanted to
implement this rule,

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there's not the resources
or ability in which to do

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what the executive order
from this past spring would

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put in place. So for now,
our Postal service

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individuals in the state of
Wisconsin have assured us

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that all absentee ballots
will still be processed the

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normal way that they have.
>> So these rules were born

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out of conspiracy theories
that came from the 2020

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election. Despite the where
these ideas came from, if

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there was time to implement
it properly, would some of

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these rules make sense if
they were done for future

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elections?
>> I'm going to say no. The

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state of Wisconsin has a
really strict system in

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which that we use to
process absentee ballots

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for individuals. However,
now there's opportunities

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because the United States
Postal Service has changed

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from local processing to
more centralized processing.

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Here in western Wisconsin,
all of our absentee ballots

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are actually sent into
Minneapolis Saint Paul for

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processing before they're
processed back. So there's

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already been a little bit
of a delay in making sure

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that people can get their
absentee ballots returned

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in a timely manner. So
we've encouraged

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individuals to make sure
that they get their

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absentee ballots. They have
to be mailed out by

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September 17th, right? 47
days before the election.

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And when they received them,
to get them back in the

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mail as soon as possible.
The other options are that

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a person could take their
absentee ballot that

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they've received in the
mail back to their

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municipal clerk at their
town, village or city hall.

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They could also return them
during what we call

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in-person absentee voting,
which is starting on

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October 20th. It's a good
opportunity for a person to

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bring back their absentee
ballot to the clerk at that

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time, or they can always
take their absentee ballot

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and return it to the
polling location on

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Election Day. So there are
many outlets in which

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individuals and voters can
still cast their ballot and

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make sure that their voice
is heard.

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>> I know since 2020, drop
boxes became

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unconstitutional or now
constitutional again, there

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were controversial in some
areas. Would you encourage

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along the same lines of
what we were just talking

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about, clerks to have more
drop boxes available as

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another option?
>> Absolutely. The most

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recent court ruling says
it's up to the discretion

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of the municipal clerk on
whether they want to use a

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drop box, but we've seen
several municipal clerks

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across the state of
Wisconsin. There's over 150

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of them, right, that are
trying to make sure that

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there's a drop box
available. Some of them had

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them from before that. They
have been implemented in

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usage. Some are ordering
new drop boxes here in Dunn

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County. We've tried to make
sure that if a clerk wants

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a drop box, that we're
helping provide that

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can feel safe, that their
ballot is going to be cast

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in this election and all
future elections.

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to the elections, the
Department of Homeland

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Security recently announced
Wisconsin is one of a

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handful of states where
they're pursuing

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investigations into
noncitizen voting. Have you

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heard of any clerks in
Wisconsin being contacted

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as part of these
investigations?

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>> We have not yet. We are
mostly anticipating that

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they will be targeting
larger urban areas such as

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Madison, Milwaukee, but we
have not heard of any

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federal investigators
contacting any of the 72

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county clerks or municipal
clerks as of yet. Now, I

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don't know what's going to
happen in the next coming

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weeks, but we're wanting to
make sure that everybody is

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prepared as well as they
can be to know their legal

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rights of what they should
be doing. If an

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investigator tries to
contact them. And so we're

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trying to train as best we
can across the state of

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Wisconsin.
>> All right. Dunn County

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Clerk Andrew Marshall,
thanks for your time today.

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>> Thanks for having me.
>> One of the elections

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that often goes overlooked
in Wisconsin is the race

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for attorney general. The
AG runs the state's

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Department of Justice,
oversees the state crime

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lab, and has the authority
to represent the state in

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lawsuits in both state and
federal court. The

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incumbent attorney general
is Josh Kaul, a Democrat.

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He's opposed by fond du Lac
District Attorney Eric

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Toney, a Republican. This
is a rematch of the

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election from 2022, when
Kohl narrowly defeated

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Toney. I sat down with each
of the candidates to talk

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about this race. We start
tonight with the incumbent.

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I met with Josh Kaul in
Madison, attorney General

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Carl, thanks for your time
today.

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>> Thanks for having me.
>> So I think let's start

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with kind of the the
precursor to this race is

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your decision to stay in
this race. There was a lot

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of speculation you might
run for governor. How do

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you feel about your
decision to stay in the

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race for Attorney general
now?

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decision. It's something I
thought about seriously,

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but there were a few
factors that that weighed

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on my mind. One is I'm
really committed to having

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an impact through the work
that I do. And of course, a

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governor can have a ton of
impact, but we're also

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having a huge impact
through the work that we do

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at Wisconsin DOJ. And I, I
don't think that that the

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work that I've been doing
is, is done yet. You know,

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family considerations
ultimately, I'm really

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excited about seeking an
additional term and about

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the work we could do in an
additional term.

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>> So this is unique in
that it is a rematch of the

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last election. We don't see
that too often. How do you

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think that will influence
things?

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interesting about a rematch
is you can look back at

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what the candidates said in
the prior race and see how

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those things held up, and I
think that that's really

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instructive here. In the
last campaign, it was

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shortly after Roe v Wade
had been overturned. I had

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filed a lawsuit seeking to
block enforcement of a law

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that dates back to the mid
1800s. Eric Toney my

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opponent had attacked me
for that case. He called it

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a partisan partisan stunt.
He said it was should be

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dismissed. And so we now
can look and see how our

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claims held up. And what we
know now is that the

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Supreme Court sided with
the argument we made in

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that case, and ultimately
we won that case. And

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access to abortion is safe
and legal in Wisconsin.

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>> So will voters separate
the attorney general's race,

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do you think, from the rest
of the ballot? Because

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we've seen historically,
there's usually a few fewer

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voters for the ag race than
for governor, and you've

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trailed right belong. You
know, we get to go back to

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2006, the last time they
were AG and governor from

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separate parties. So how
does that all work together?

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>> You know, the results
tend to be fairly close.

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But in Wisconsin, we have a
lot of close elections. And

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so sometimes those small
differences can can make a

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big difference in the
outcome. But I'm running

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based on, on my record and
my time as AG. And, you

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know, the focus can be
different. My top priority

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as attorney general has
been public safety, and

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we've made significant
progress on really

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important public safety
issues. One of them is

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fighting the opioid
epidemic. My administration

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has helped to secure over
$800 million from companies

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that we've alleged
contributed to the opioid

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epidemic, and from others.
Many of those dollars will

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be going to communities
across the state. Some

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already have. And we are
seeing a real impact.

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Opioid overdose deaths in
Wisconsin from 23 to 24

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dropped by over 40%. That's
more than 600 person

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difference. We need to keep
making progress. Our work

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isn't done, but I want to
build on the progress we're

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making.
profile things your office

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has done is filed lawsuits
against the Trump

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other attorneys general
from around the country.

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Can you give me maybe your
short list of some of the

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most important cases that
maybe the public isn't

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aware of, the significance
of some of those?

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>> Well, I think you can
look at them by category.

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So a lot of these cases
involve the Trump

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administration either
putting illegal conditions

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on or cutting or freezing
funding that would

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otherwise be coming to
Wisconsin. There's a huge

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amount of money that has
been impacted by this, and

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it's vital programs, things
like funding for education

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or for mental health
programs in our schools,

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funding for disaster relief
and mitigation funding for

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the AmeriCorps program,
which the Trump

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administration tried to cut
transportation funding and

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public health funding. We
have consistently fought

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back, and we have one case
after case, and what that

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has meant is that those
funds either are not

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illegally conditioned or
they're not frozen or

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ultimately cut, and instead,
they can come to our

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communities and support
critical programs in

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Wisconsin.
There are some of those

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cases where if only if
you're a plaintiff, do you

236
00:10:37,571 --> 00:10:40,274
actually get the benefit.
And in some cases, some of

237
00:10:40,340 --> 00:10:42,376
the other states have
gotten the benefits just

238
00:10:42,442 --> 00:10:44,444
because you've won overall,
what would the impact have

239
00:10:44,511 --> 00:10:46,680
been if Eric Toney had been
the attorney general and

240
00:10:46,747 --> 00:10:48,882
had discretion on whether
to file these cases?

241
00:10:48,949 --> 00:10:51,652
>> Yeah. Well, of the 60
plus cases that we've been

242
00:10:51,718 --> 00:10:53,720
involved in, I don't think
any single Republican AG

243
00:10:53,787 --> 00:10:56,056
has joined us in
challenging the Trump

244
00:10:56,123 --> 00:10:57,858
administration in any of
those cases. And I'm not

245
00:10:57,925 --> 00:11:00,627
aware of a single case
where Eric Toney has said

246
00:11:00,694 --> 00:11:02,496
he would have challenged
the Trump administration.

247
00:11:02,563 --> 00:11:05,499
What that would mean in
some cases is Wisconsin

248
00:11:05,566 --> 00:11:08,001
wouldn't get the relief
that happens in court,

249
00:11:08,068 --> 00:11:10,103
because in a number of
these cases, it's only the

250
00:11:10,170 --> 00:11:12,506
states that have brought
the challenge that get the

251
00:11:12,573 --> 00:11:15,108
relief. And so it could be
that we no longer have

252
00:11:15,175 --> 00:11:17,744
protection for critical
programs. If an AG is not

253
00:11:17,811 --> 00:11:20,681
part of one of those
challenges.

254
00:11:20,747 --> 00:11:23,183
understands the stakes
there?

255
00:11:23,250 --> 00:11:26,153
huge. And so I think the
more we talk about it, the

256
00:11:26,220 --> 00:11:28,789
better. One thing that is
unfortunate, I think, in

257
00:11:28,856 --> 00:11:30,924
the Trump administration is
we often see the

258
00:11:30,991 --> 00:11:33,493
president's actions get
understandable. But what I

259
00:11:33,560 --> 00:11:35,929
think there's been less
coverage of is the fact

260
00:11:35,996 --> 00:11:38,065
that in case after case
actions have been blocked

261
00:11:38,131 --> 00:11:40,300
and he's been stopped from
moving forward, in part

262
00:11:40,367 --> 00:11:42,302
because of these suits that
we're talking about.

263
00:11:42,369 --> 00:11:45,105
>> For a lot of people that
don't follow your office

264
00:11:45,172 --> 00:11:47,307
very closely, one of the
ways that they hear about

265
00:11:47,374 --> 00:11:50,110
the Department of Justice
and the AG every four years

266
00:11:50,177 --> 00:11:51,945
is crime labs, statistics.
Obviously, that's one of

267
00:11:52,012 --> 00:11:54,081
the major things you
campaigned on when you

268
00:11:54,147 --> 00:11:56,850
first got elected. It was
one of the issues in the

269
00:11:56,917 --> 00:11:59,319
last election. Your
crime lab and unfilled

270
00:11:59,386 --> 00:12:01,288
positions and slow
turnaround. So defend your

271
00:12:01,355 --> 00:12:03,290
record in where the crime
lab is.

272
00:12:03,357 --> 00:12:05,459
>> Yeah. Well, first, I
think it's important to

273
00:12:05,526 --> 00:12:08,328
separate two things out.
One is one of the issues I

274
00:12:08,395 --> 00:12:10,531
talked about back in 2018
was untested sexual assault

275
00:12:10,597 --> 00:12:13,700
kits. And we worked to get
legislation passed, which

276
00:12:13,767 --> 00:12:15,969
ultimately passed through
the Republican led

277
00:12:16,036 --> 00:12:18,572
legislature. That's going
to help ensure that

278
00:12:18,639 --> 00:12:21,108
Wisconsin never has another
backlog of untested sexual

279
00:12:21,175 --> 00:12:24,211
assault kits. Now, in terms
of the labs themselves, on

280
00:12:24,278 --> 00:12:27,047
a day to day basis, one of
the things I've been clear

281
00:12:27,114 --> 00:12:29,216
about is where we need
resources from the state

282
00:12:29,283 --> 00:12:31,351
legislature. And in the
last state budget, my

283
00:12:31,418 --> 00:12:33,921
office requested 19
additional positions for

284
00:12:33,987 --> 00:12:37,524
the labs. Eric Toney allies
in the state legislature

285
00:12:37,591 --> 00:12:40,127
provided zero positions.
And look, that's not an

286
00:12:40,194 --> 00:12:43,330
accident. This is politics
being played here. But the

287
00:12:43,397 --> 00:12:45,165
overall picture, I think,
is important not to lose

288
00:12:45,232 --> 00:12:49,503
sight of Wisconsin last
year in 2025, had the

289
00:12:49,570 --> 00:12:52,005
lowest number of violent
crimes that we have had any

290
00:12:52,072 --> 00:12:55,375
year since 2011. Fond du
Lac County, where Eric

291
00:12:55,442 --> 00:12:57,644
Toney is Xia last year had
the second highest number

292
00:12:57,711 --> 00:13:00,414
of violent crimes that the
county has had in decades.

293
00:13:00,480 --> 00:13:03,083
And so if you compare our
track records overall,

294
00:13:03,150 --> 00:13:05,719
there's a clear difference.
It's we need to keep doing

295
00:13:05,786 --> 00:13:08,222
what we're doing to keep
our communities safe.

296
00:13:08,288 --> 00:13:11,458
>> How do you think that
the DOJ gets credit for for

297
00:13:11,525 --> 00:13:14,294
lower crime statistics
statewide?

298
00:13:14,361 --> 00:13:17,064
>> Well, there are lots of
folks who play a role in

299
00:13:17,130 --> 00:13:18,932
what we do statewide. And
the Department of Justice

300
00:13:18,999 --> 00:13:20,934
is involved in
investigating crimes of

301
00:13:21,001 --> 00:13:23,504
statewide importance. We
oversee the crime labs. We

302
00:13:23,570 --> 00:13:26,406
work on every felony
criminal appeal in the

303
00:13:26,473 --> 00:13:28,675
state. We also work in
partnerships with lots of

304
00:13:28,742 --> 00:13:31,078
other law enforcement
agencies. What I think is

305
00:13:31,144 --> 00:13:33,780
important is that we
recognize that lots of

306
00:13:33,847 --> 00:13:36,617
folks contribute to overall
safety in the state, and

307
00:13:36,683 --> 00:13:39,119
that certainly includes
local law enforcement and

308
00:13:39,186 --> 00:13:41,288
others. What's notable, I
think, though, is fond du

309
00:13:41,355 --> 00:13:43,924
Lac County has gone the
opposite direction from the

310
00:13:43,991 --> 00:13:46,493
rest of the state under the
leadership of of Eric Toni

311
00:13:46,560 --> 00:13:48,996
that, I think, is not the
kind of failure I want to

312
00:13:49,062 --> 00:13:51,765
see taken statewide.
>> You brought up abortion

313
00:13:51,832 --> 00:13:54,334
earlier, but I want to
bring that back as a topic.

314
00:13:54,401 --> 00:13:56,837
How relevant is that still
to voters? Because it's not

315
00:13:56,904 --> 00:13:59,740
a constitutional right in
either the nation or in

316
00:13:59,806 --> 00:14:01,808
Wisconsin, despite lawsuits
that have attempted to make

317
00:14:01,875 --> 00:14:04,478
it so. So how important is
it who the next attorney

318
00:14:04,545 --> 00:14:06,647
general is?
>> It remains to be seen.

319
00:14:06,713 --> 00:14:09,449
One thing we saw, I think,
over the last four years is

320
00:14:09,516 --> 00:14:11,652
it certainly can have an
impact because my

321
00:14:11,718 --> 00:14:14,021
administration was fighting
to protect access to safe

322
00:14:14,087 --> 00:14:17,224
and legal abortion. And
Eric Toni called the case

323
00:14:17,291 --> 00:14:20,060
that we brought a farce,
among other things. Now,

324
00:14:20,127 --> 00:14:22,062
fortunately, we've got a
ruling in place that

325
00:14:22,129 --> 00:14:24,631
currently protects access
to safe and legal abortion

326
00:14:24,698 --> 00:14:27,801
in Wisconsin. But as you
said, there's no state

327
00:14:27,868 --> 00:14:29,203
constitutional protection
in place right now. There's

328
00:14:29,269 --> 00:14:33,240
no federal constitutional
protection specifically for

329
00:14:33,307 --> 00:14:35,709
abortion access. And what
that means is that if there

330
00:14:35,776 --> 00:14:38,078
were a Tom Tiffany and a
Republican legislature, you

331
00:14:38,145 --> 00:14:41,081
could have further
restrictions put in place,

332
00:14:41,148 --> 00:14:43,984
attorney general, Eric Toni,
if he were in office,

333
00:14:44,051 --> 00:14:46,887
aggressively working with
them to restrict access to

334
00:14:46,954 --> 00:14:49,156
abortion. The other thing
that's going on right now

335
00:14:49,223 --> 00:14:51,425
is the federal government
is potentially going to

336
00:14:51,491 --> 00:14:54,695
restrict access. The new
attorney general had a

337
00:14:54,761 --> 00:14:57,297
meeting with with an
anti-abortion group, where

338
00:14:57,364 --> 00:15:00,133
he signaled that he wanted
to restrict access. And I

339
00:15:00,200 --> 00:15:02,569
think making sure that the
states are prepared to

340
00:15:02,636 --> 00:15:04,705
fight back where there's a
legal basis for doing so is

341
00:15:04,771 --> 00:15:07,407
going to be important to
protecting people's rights

342
00:15:07,474 --> 00:15:09,543
>> Josh Kohl, thanks for
your time.

343
00:15:09,610 --> 00:15:11,745
>> Thanks for having me.
>> Earlier this week, I met

344
00:15:11,812 --> 00:15:14,648
with Eric Toni in Fond du
Lac Eric Toney. Thanks for

345
00:15:14,715 --> 00:15:16,850
joining us.
>> It's great to be with

346
00:15:16,917 --> 00:15:19,386
you to talk about the
Attorney General's race and

347
00:15:19,453 --> 00:15:22,623
the importance of it for
Wisconsin.

348
00:15:22,689 --> 00:15:24,925
why you decided to run
again. It's not often we

349
00:15:24,992 --> 00:15:27,027
see repeat candidates for
these statewide elections.

350
00:15:27,094 --> 00:15:29,796
>> You know, you know,
within a week of that race,

351
00:15:29,863 --> 00:15:33,867
back in 2022, I had so many
people already encouraging

352
00:15:33,934 --> 00:15:36,837
sure it was something that
I would want to do, because

353
00:15:36,904 --> 00:15:39,706
there's a lot of time and
energy that goes into these

354
00:15:39,773 --> 00:15:41,909
statewide races. But for me,
I really had a clarifying

355
00:15:41,975 --> 00:15:45,245
moment in 2023. I was I
ended up in probably August.

356
00:15:45,312 --> 00:15:48,148
What I later learned to
have a mini stroke in the

357
00:15:48,215 --> 00:15:52,052
office, lost control of my
legs for about 20s. I was

358
00:15:52,119 --> 00:15:54,488
inpatient at the hospital
here in fond du Lac. The

359
00:15:54,555 --> 00:15:57,424
next day, cardiologist did
some testing, came in and

360
00:15:57,491 --> 00:16:00,160
said, your aortic valve is
destroyed and you need open

361
00:16:00,227 --> 00:16:02,930
heart surgery. I was
starting to think about

362
00:16:02,996 --> 00:16:05,966
what do I want to continue
to do if this surgery goes

363
00:16:06,033 --> 00:16:08,202
well? But I was at that
point just trusting God

364
00:16:08,268 --> 00:16:10,671
through the hands of my
medical team that hoping

365
00:16:10,737 --> 00:16:13,106
and praying things would go
well and I, as it got

366
00:16:13,173 --> 00:16:15,342
closer, knew that I would
want to run again.

367
00:16:15,409 --> 00:16:18,579
>> So when we're looking at
a rematch in this

368
00:16:18,645 --> 00:16:20,714
environment, what what
should voters be thinking

369
00:16:20,781 --> 00:16:23,617
of in terms of, oh, how did
I vote last time? Or what's

370
00:16:23,684 --> 00:16:25,018
different about this
matchup this time?

371
00:16:25,085 --> 00:16:27,721
>> You know, one of the
things people can look at

372
00:16:27,788 --> 00:16:30,090
with me is what I've done
since then. As the

373
00:16:30,157 --> 00:16:32,192
president of the District
Attorneys Association, I've

374
00:16:32,259 --> 00:16:34,061
always talked about putting
public safety over politics.

375
00:16:34,127 --> 00:16:37,731
I stood with our attorney
general after that 2022

376
00:16:37,798 --> 00:16:40,200
race, helping him get more
crime lab positions in that

377
00:16:40,267 --> 00:16:42,769
state budget, working with
Republican legislators

378
00:16:42,836 --> 00:16:45,672
behind the scenes. I helped
get a transformational

379
00:16:45,739 --> 00:16:48,141
investment into prosecutors,
public defenders in our

380
00:16:48,208 --> 00:16:50,477
judicial system, in that
budget that the Wisconsin

381
00:16:50,544 --> 00:16:53,347
Law Journal awarded me as
an unsung hero for what

382
00:16:53,413 --> 00:16:55,749
they described as helping
end a constitutional crisis.

383
00:16:55,816 --> 00:16:58,252
Those are all things we do
together, working with the

384
00:16:58,318 --> 00:17:00,420
Democrat governor and the
Republican legislature to

385
00:17:00,487 --> 00:17:03,957
deliver those results. And
then, in contrast, you see,

386
00:17:04,024 --> 00:17:06,793
during the tenure of our
attorney general, we've

387
00:17:06,860 --> 00:17:10,097
seen periods of record
homicides in places like

388
00:17:10,163 --> 00:17:12,966
Milwaukee, record drug
deaths and other increases

389
00:17:13,033 --> 00:17:15,369
in crime. And I've never
been one to say it's one

390
00:17:15,435 --> 00:17:17,304
individual person's
responsibility when that

391
00:17:17,371 --> 00:17:19,473
happens, because there are
so many different factors

392
00:17:19,540 --> 00:17:22,176
that go into why crime
happens in different areas.

393
00:17:22,242 --> 00:17:24,978
But what we have to look at
is what are people doing

394
00:17:25,045 --> 00:17:27,447
with the resources they
have? And so what we saw

395
00:17:27,514 --> 00:17:30,317
our attorney general do
during this period is put a

396
00:17:30,384 --> 00:17:33,220
hiring freeze in place. And
so I mentioned those crime

397
00:17:33,287 --> 00:17:36,456
lab positions. I helped him
get. Well, over a year

398
00:17:36,523 --> 00:17:39,560
later, we saw a nonpartisan
audit released of our crime

399
00:17:39,626 --> 00:17:41,762
labs. And they said he
hadn't even filled those

400
00:17:41,828 --> 00:17:44,231
positions. We saw that he
had less DNA positions

401
00:17:44,298 --> 00:17:47,034
filled compared to 2020.
And we see that they're

402
00:17:47,100 --> 00:17:49,703
taking for DNA, for example,
taking on average over

403
00:17:49,770 --> 00:17:52,840
twice as long to test less
from when he started to

404
00:17:52,906 --> 00:17:55,876
where we are now.
>> So the attorney general

405
00:17:55,943 --> 00:17:58,812
points to crime statistics
being down in Wisconsin, as

406
00:17:58,879 --> 00:18:01,548
they are across the country.
He also singles out that

407
00:18:01,615 --> 00:18:04,151
crime statistics in fond du
Lac County are up. Why

408
00:18:04,218 --> 00:18:07,020
should either one of you
get credit or blame for

409
00:18:07,087 --> 00:18:10,224
crime statistics when, as
the. You know, either the

410
00:18:10,290 --> 00:18:12,559
prosecutor or the Attorney
General, you don't control

411
00:18:12,626 --> 00:18:14,862
whether crimes are
committed or even how

412
00:18:14,928 --> 00:18:16,930
they're investigated.
>> That's a great question

413
00:18:16,997 --> 00:18:19,666
to ask the Attorney general,
because he's been the one

414
00:18:19,733 --> 00:18:21,802
trying to take victory laps
when he see crime numbers

415
00:18:21,869 --> 00:18:24,605
go with what he thinks is
in his favor, despite

416
00:18:24,671 --> 00:18:26,707
cherry picking what those
stats are, I don't think

417
00:18:26,773 --> 00:18:29,076
anybody heard from him when
we were seeing record

418
00:18:29,142 --> 00:18:31,778
homicides in Milwaukee. But
now, because we're seeing

419
00:18:31,845 --> 00:18:33,814
crime down in many areas,
including fond du Lac

420
00:18:33,881 --> 00:18:36,183
County, crime is down
overall, and I've never

421
00:18:36,250 --> 00:18:38,652
taken credit for the crime
numbers we've seen during

422
00:18:38,719 --> 00:18:41,088
my almost 14 years as a
district attorney, because

423
00:18:41,154 --> 00:18:43,790
I know it's a team effort
when we do these things and

424
00:18:43,857 --> 00:18:45,592
crime doesn't stop at
county lines.

425
00:18:45,659 --> 00:18:48,262
>> When we look at Attorney
General's races in the past,

426
00:18:48,328 --> 00:18:50,497
historically, they followed
right below the

427
00:18:50,564 --> 00:18:52,299
gubernatorial election. The
last time there were

428
00:18:52,366 --> 00:18:55,235
members of different
parties was 2006 to to win

429
00:18:55,302 --> 00:18:58,038
these races. So are you
trying to separate yourself

430
00:18:58,105 --> 00:19:00,774
from Tom Tiffany in his
race for governor, or do

431
00:19:00,841 --> 00:19:03,610
you think you're going to
follow right along with him?

432
00:19:03,677 --> 00:19:06,613
>> I'm running my own race
from when I got into this

433
00:19:06,680 --> 00:19:08,749
back in October of 2025, I
talked about the forensic

434
00:19:08,815 --> 00:19:12,152
testing failures, the
fentanyl epidemic, and how

435
00:19:12,219 --> 00:19:14,588
partisan, our attorney
general, has become. I mean,

436
00:19:14,655 --> 00:19:17,824
we we have driven home
issues that affect people

437
00:19:17,891 --> 00:19:20,027
in all 72 counties. And
that's what I've been

438
00:19:20,093 --> 00:19:22,896
focused on is what our
Department of Justice can

439
00:19:22,963 --> 00:19:25,365
do to help protect
everybody in Wisconsin by

440
00:19:25,432 --> 00:19:27,668
putting public safety over
politics. Again, it all

441
00:19:27,734 --> 00:19:30,470
comes back to what do you
do with the resources you

442
00:19:30,537 --> 00:19:32,639
have. And so what we're
seeing is broken promise

443
00:19:32,706 --> 00:19:35,175
after broken promise from
our attorney general. He

444
00:19:35,242 --> 00:19:37,611
campaigned on the fentanyl
and opioid epidemic. And

445
00:19:37,678 --> 00:19:40,247
there is accountability for
pharmaceutical

446
00:19:40,314 --> 00:19:43,083
manufacturers. But talk to
anybody in law enforcement

447
00:19:43,150 --> 00:19:46,353
or public safety, and they
will tell you the overdoses

448
00:19:46,420 --> 00:19:48,522
that we're seeing, by and
large, are coming from

449
00:19:48,589 --> 00:19:51,024
fentanyl, which is coming
across the border and then

450
00:19:51,091 --> 00:19:53,493
here into Wisconsin, and
parents are burying their

451
00:19:53,560 --> 00:19:55,762
child. And our attorney
general has broken that

452
00:19:55,829 --> 00:19:59,266
promise. He won't even talk
about that issue because it

453
00:19:59,333 --> 00:20:02,169
doesn't maybe be popular
with his liberal base. We

454
00:20:02,236 --> 00:20:03,937
look at the forensic
testing he actually

455
00:20:04,004 --> 00:20:06,773
promised back in 2020 that
we were going to see a

456
00:20:06,840 --> 00:20:10,344
dramatic improvement in DNA
testing because he had more

457
00:20:10,410 --> 00:20:12,145
analysts than his
predecessor, and he had

458
00:20:12,212 --> 00:20:14,414
improved technology. And
his own policies were the

459
00:20:14,481 --> 00:20:16,517
reason that they were
testing less, limiting what

460
00:20:16,583 --> 00:20:18,986
law enforcement can send in.
And now, on average, he's

461
00:20:19,052 --> 00:20:21,588
taking over twice as long.
And he campaigned against

462
00:20:21,655 --> 00:20:24,191
all of the political
lawsuits when he first ran.

463
00:20:24,258 --> 00:20:26,393
And now that's effectively
what he's running his

464
00:20:26,460 --> 00:20:29,663
entire campaign on is those
lawsuits where he's putting

465
00:20:29,730 --> 00:20:31,865
politics over public safety.
>> Well, let's talk about

466
00:20:31,932 --> 00:20:33,800
those lawsuits. Obviously,
the Department of Justice

467
00:20:33,867 --> 00:20:35,969
has filed and joined a lot
of these federal lawsuits

468
00:20:36,036 --> 00:20:38,172
against the Trump
administration. If you were

469
00:20:38,238 --> 00:20:40,874
the AG, would you have
joined any of these?

470
00:20:40,941 --> 00:20:43,143
>> So one of the things
I've always talked about is

471
00:20:43,210 --> 00:20:45,846
putting public safety over
politics. And when we see

472
00:20:45,913 --> 00:20:47,881
the attorney general, he's
not filing lawsuits. What

473
00:20:47,948 --> 00:20:50,217
he's doing is called
joining them. So the vast

474
00:20:50,284 --> 00:20:53,220
majority of those lawsuits,
whether he signs on to that

475
00:20:53,287 --> 00:20:55,422
or not, are going to
continue to move forward

476
00:20:55,489 --> 00:20:57,357
because other attorneys
general across the country

477
00:20:57,424 --> 00:20:59,526
have actually done the
legal work on those. And so

478
00:20:59,593 --> 00:21:02,329
what I will be doing as
attorney general is making

479
00:21:02,396 --> 00:21:04,865
sure we are prioritizing
our resources for public

480
00:21:04,932 --> 00:21:07,401
safety, ending the hiring
freeze that's been put in

481
00:21:07,467 --> 00:21:10,137
place by him to make sure
we have those crime lab

482
00:21:10,204 --> 00:21:13,040
positions filled, that
we're always filling our

483
00:21:13,106 --> 00:21:16,276
DEI and other public safety
positions, and we'll

484
00:21:16,343 --> 00:21:18,412
evaluate any case that's
been filed on a case by

485
00:21:18,478 --> 00:21:20,581
case basis to make sure
that we're following the

486
00:21:20,647 --> 00:21:23,350
facts and the law.
>> One more question on the

487
00:21:23,417 --> 00:21:25,519
federal lawsuits and some
of those cases, if you

488
00:21:25,586 --> 00:21:28,288
weren't a member of those,
you didn't get the benefits.

489
00:21:28,355 --> 00:21:30,424
And Wisconsin has seen some
of those benefits from

490
00:21:30,490 --> 00:21:32,392
being a part of those
winning cases, as AG. Would

491
00:21:32,459 --> 00:21:34,595
you have joined any of
those cases?

492
00:21:34,661 --> 00:21:37,531
>> One of the things that
we have to do at our

493
00:21:37,598 --> 00:21:40,300
Department of Justice, it
can't be who's in the white

494
00:21:40,367 --> 00:21:42,302
House or who's in the
governor's office. We have

495
00:21:42,369 --> 00:21:45,372
to look at these on a case
by case basis. And

496
00:21:45,439 --> 00:21:48,308
unfortunately, we haven't
do that. He's he's talked

497
00:21:48,375 --> 00:21:50,477
about joining over 60 of
these lawsuits in the last

498
00:21:50,544 --> 00:21:53,280
18 months or so, compared
to probably five or less

499
00:21:53,347 --> 00:21:55,582
during the four years of
the Biden administration

500
00:21:55,649 --> 00:21:57,784
and has effectively given a
free pass to Tony Evers. So

501
00:21:57,851 --> 00:22:00,454
to me, it's not going to
matter who's in the white

502
00:22:00,521 --> 00:22:03,524
House or who's in the
governor's office, we're

503
00:22:03,590 --> 00:22:06,393
decisions based on the
facts and the law. So I

504
00:22:06,460 --> 00:22:08,395
would expect, whether it's
a Republican or Democrat,

505
00:22:08,462 --> 00:22:10,797
governor, president, that
lawsuits when it's needed

506
00:22:10,864 --> 00:22:13,367
to protect Wisconsin.
>> One of the issues that

507
00:22:13,433 --> 00:22:15,469
Josh Kaul says is
interesting about this

508
00:22:15,536 --> 00:22:17,604
rematch is looking at some
of your position statements

509
00:22:17,671 --> 00:22:20,507
from the last race, and he
brings up abortion

510
00:22:20,574 --> 00:22:23,076
specifically. At that time,
he had filed a lawsuit that

511
00:22:23,143 --> 00:22:25,279
eventually was passed by
the Wisconsin Supreme Court,

512
00:22:25,345 --> 00:22:27,581
which guaranteed the right
to abortion in Wisconsin.

513
00:22:27,648 --> 00:22:30,617
He at that time, you
criticized his part of that

514
00:22:30,684 --> 00:22:32,819
lawsuit. Do you still think
that was the wrong choice

515
00:22:32,886 --> 00:22:35,455
for him, for the state to
file that lawsuit against

516
00:22:35,522 --> 00:22:37,624
the 1848 abortion law?
>> Well, the original Dane

517
00:22:37,691 --> 00:22:40,327
County judge actually
didn't support the ultimate

518
00:22:40,394 --> 00:22:42,196
legal finding that was made
by the Supreme Court. But

519
00:22:42,262 --> 00:22:45,165
we have to look at where
the law is now. And there

520
00:22:45,232 --> 00:22:48,001
are five month protections
in place for women. I have

521
00:22:48,068 --> 00:22:50,904
not and am not advocating
for any changes to the law

522
00:22:50,971 --> 00:22:53,140
in Wisconsin. And if there
is going to be any change,

523
00:22:53,207 --> 00:22:56,009
that's something that needs
to be voted on by the

524
00:22:56,076 --> 00:22:58,111
people of Wisconsin and not
decided on by politicians

525
00:22:58,178 --> 00:23:00,480
in Madison. We need to
create an environment that

526
00:23:00,547 --> 00:23:03,784
supports women and girls in
our state, in every corner.

527
00:23:03,851 --> 00:23:06,019
And you look at what our
attorney general's comments

528
00:23:06,086 --> 00:23:07,988
have been in recent years
on this. He was actually

529
00:23:08,055 --> 00:23:10,958
asked about those five
month or 20 week

530
00:23:11,024 --> 00:23:14,261
protections in 2024 in the
fall. And he said, it's not

531
00:23:14,328 --> 00:23:17,631
a protection, it's a
restriction. He said there

532
00:23:17,698 --> 00:23:19,867
intervention calling for
the legislature to take

533
00:23:19,933 --> 00:23:22,603
action, effectively arguing
for nine month abortion

534
00:23:22,669 --> 00:23:24,805
here in Wisconsin.
>> Eric Toney, thanks for

535
00:23:24,872 --> 00:23:26,540
your time.
>> Greatly appreciate it.

536
00:23:26,607 --> 00:23:29,977
Thank you.
>> Today marks 25 years

537
00:23:30,043 --> 00:23:33,480
since the terrorist attacks
of September 11th, 2001. In

538
00:23:33,547 --> 00:23:36,416
a coordinated attack,
terrorists four planes,

539
00:23:36,483 --> 00:23:38,986
crashing two into the World
Trade Center in New York

540
00:23:39,052 --> 00:23:41,989
City, one into the Pentagon
in Washington, D.C. and the

541
00:23:42,055 --> 00:23:44,658
final plane crashed in
Pennsylvania. When the

542
00:23:44,725 --> 00:23:47,761
passengers on board fought
back, former Wisconsin

543
00:23:47,828 --> 00:23:50,330
Governor Tommy Thompson was
in Washington, DC at the

544
00:23:50,397 --> 00:23:52,232
time, serving as the
secretary of Health and

545
00:23:52,299 --> 00:23:55,469
Human Services in the Bush
administration. Thursday,

546
00:23:55,536 --> 00:23:57,437
Thompson shared some of his
memories of visiting New

547
00:23:57,504 --> 00:24:00,607
York City in the days after
the attack.

548
00:24:00,674 --> 00:24:05,112
>> Ladies and gentlemen, it
was such a surreal. Several

549
00:24:05,179 --> 00:24:09,316
days. It's hard to really
put it in words. The

550
00:24:10,384 --> 00:24:15,622
feeling, the emotions, the.
The hatred, the sorrow that

551
00:24:16,356 --> 00:24:20,928
America was attacked. It
was like a like a pall had

552
00:24:22,596 --> 00:24:27,267
set in. And the whole city,
everybody wanted to get

553
00:24:28,001 --> 00:24:32,606
along. Everybody wanted. We
walked down that thing and

554
00:24:32,673 --> 00:24:36,243
people were not talking.
They were not smiling. They

555
00:24:36,310 --> 00:24:41,114
were just walking and. And
it was all the debris was,

556
00:24:44,384 --> 00:24:47,588
was flying down that
beautiful day out there

557
00:24:47,654 --> 00:24:49,790
with the sunlight. You
couldn't see it. It was

558
00:24:49,857 --> 00:24:54,428
just all obscure. But the
debris flying all over.

559
00:24:55,963 --> 00:24:58,098
>> Earlier this week, New
York City officials

560
00:24:58,165 --> 00:25:01,301
released 170,000 documents
that were previously hid

561
00:25:01,368 --> 00:25:04,304
from the public, detailing
their knowledge of how

562
00:25:04,371 --> 00:25:06,974
hazardous the air quality
was at ground zero for both

563
00:25:07,040 --> 00:25:09,910
rescue workers and
residents. We asked former

564
00:25:09,977 --> 00:25:12,946
Secretary Thompson his
reaction to that news.

565
00:25:13,013 --> 00:25:16,450
>> It had to be obvious to
everybody, anybody that was

566
00:25:16,517 --> 00:25:20,487
there, you know, during
nine over 11, right after

567
00:25:20,554 --> 00:25:24,691
it, like I was, the air was
so deleterious to a

568
00:25:26,593 --> 00:25:29,029
person's health. I mean,
you didn't have to be too

569
00:25:29,096 --> 00:25:32,332
smart to realize that some
people were going to be

570
00:25:32,399 --> 00:25:37,671
adversely impacted. And, I
mean, the amount of debris

571
00:25:37,738 --> 00:25:40,641
that was coming out of the
sky. I mean, it was a

572
00:25:40,707 --> 00:25:44,178
beautiful day, like today
in New York going up there.

573
00:25:44,244 --> 00:25:47,447
But once you got there, it
was just dismal because

574
00:25:47,514 --> 00:25:49,950
everything that was the sun
was blacked out by the

575
00:25:50,017 --> 00:25:53,587
debris flying around. And a
lot of that stuff was

576
00:25:53,654 --> 00:25:58,258
hazardous. And so you you
can't discount it because I

577
00:25:58,325 --> 00:26:02,329
saw it. I was witness to to
that. So it was obvious

578
00:26:02,396 --> 00:26:04,464
that the people were going
to be adversely impacted

579
00:26:04,531 --> 00:26:07,134
health wise.
>> For more on this and

580
00:26:07,201 --> 00:26:09,203
other issues facing
Wisconsin, visit our

581
00:26:09,269 --> 00:26:12,105
website at PBS
wisconsin.org and click on

582
00:26:12,172 --> 00:26:14,775
the news tab. That is our
program for tonight.

583
00:26:14,842 --> 00:26:17,010
Frederica Freyberg will be
back next weekend. I'm Zac

584
00:26:17,077 --> 00:26:19,880
Schultz have a great
weekend.

585
00:26:40,801 --> 00:26:41,869
>> Funding for "Here& Now"
is provided by the fund for

586
00:26:41,935 --> 00:26:44,705
is provided by the fund for
Journalism and Friends of

587
00:26:44,771 --> 00:26:46,440
PBS Wisconsin.
