>> NOW TO STATE NEWS.
THE LONG-SERVING ADJUTANT
GENERAL OF THE WISCONSIN
NATIONAL GUARD IS OUT.
IN THE WAKE OF A SCATHING
FEDERAL REPORT SHOWING THE
GUARD'S INVESTIGATIONS OF SEXUAL
ASSAULT AND HARASSMENT VIOLATED
THE LAW.
GOVERNOR TONY EVERS THIS WEEK
CALLED FOR DONALD DUNBAR'S
RESIGNATION WHEN THE REPORT
SHOWS AMONG OTHER THINGS THAT
THE GUARD FAILED TO PROPERLY
REPORT OR TRACK SEXUAL ASSAULT
ALLEGATIONS THAT VICTIM
ADVOCATES WERE UNDERSTAFFED AND
UNDER TRAINED EVEN RESULTING IN
ONE VICTIM BEING INVESTIGATED
FOR SEXUAL MISCONDUCT.
IT SHOWED THE GENERAL WAS
RUNNING HIS OWN INVESTIGATIVE
ARM RATHER THAN REFERRING CASES
OUT AS REQUIRED.
THE REPORT SAYS OVERALL THE
WISCONSIN NATIONAL GUARD'S
PROGRAM AND SYSTEMS FOR HANDLING
ALLEGATIONS OF WORKPLACE OR
SERVICE-RELATED MISCONDUCT WERE
NONCOMPLIAN WITH FEDERAL LAW
AND REGULATION AND IN VARIOUS
RESPECTS DEFICIENT OR FAILING.
>> THE FEDERAL NATIONAL GUARD
BUREAU CONDUCTED THE REVIEW,
LOOKING AT 35 REPORTS OF SEXUAL
ASSAULT FROM 2009 TO 2019.
TONIGHT, WE GET THE REACTION OF
WISCONSIN ATTORNEY GENERAL JOSH
KAUL TO THIS AND CHECK IN ON
OTHER MATTERS.
HE JOINS US NOW FROM THE STATE
CAPITOL AND THINKS VERY MUCH FOR
DOING SO.
>> THANKS FOR HAVING ME.
>> AS ATTORNEY GENERAL,
WISCONSIN'S TOP COP, AS IT WERE,
WHAT IS YOUR REACTION TO THAT
NATIONAL GUARD REPORT?
>> WELL, FIRST I'M GLAD THAT
GOVERNOR EVERS AND SENATOR
BALDWIN AND FITZGERALD CALLED
FOR THIS INVESTIGATION.
THERE WAS A THOROUGH REPORT DONE
BY THE OFFICE OF COMPLEX
INVESTIGATION AND IT UNCOVERED
SOME REALLY BEING SHOCKING
DETAILS ABOUT WHAT WAS GOING ON
AT THE NATIONAL GUARD.
I SUPPORT THE WAY GOVERNOR EVERS
RESPONDED TO THIS BY CALLING FOR
GENERAL DUNBAR'S RESIGNATION AND
WE ARE WORKING WITH GOVERNOR
EVERS TO ASSESS HOW BEST TO
ADDRESS ANY OTHER ISSUES MOVING
FORWARD.
>> ACCORDING TO THAT REPORT, THE
PRIOR ADMINISTRATION AT JUSTICE
ENTERED INTO A MEMORANDUM OF
UNDERSTANDING WITH THE WISCONSIN
NATIONAL GUARD ON SEXUAL ASSAULT
INVESTIGATIONS TO MINIMIZE THE
USE OF FEDERAL NATIONAL GUARD
INVESTIGATORS ACCORDING TO THAT
REPORT.
WHAT'S THE STATUS OF THAT
AGREEMENT WITH JUSTICE UNDER
YOUR ADMINISTRATION?
>> WE ARE ASSESSING THAT
AGREEMENT AND HOW TO MOVE
FORWARD WITH IT RIGHT NOW.
>> WHAT'S IMPORTANT FOR
SURVIVORS OF SEXUAL ASSAULT,
WHETHER THE NATIONAL GUARD
BUREAU OR ELSEWHERE TO KNOW, IS
THE DEPARTMENT OF JUSTICE IS
COMMITTED TO GETTING
ACCOUNTABILITY WHEN THERE ARE
CASES INVOLVING SEXUAL ASSAULT.
SO REGARDLESS OF WHAT WE DO WITH
THAT MEMORANDUM OF UNDERSTANDING
GOING FORWARD, THE DEPARTMENT OF
JUSTICE IS GOING TO CONTINUE
WORKING WITH LOCAL LAW
ENFORCEMENT AROUND THE
CURRENT STATUS OF THE RAPE KIT
TESTING AT THE STATE CRIME LAB
WHICH IS UNDER YOUR
JURISDICTION?
>> WE HAVE COMPLETED THE TESTING
OF KITS IN THE BACKLOG 6789
THERE.
THERE WERE OVER 300 KITS FROM
CASES INVOLVING CONVICTIONS THAT
HADN'T BEEN TESTED BUT WE HAD
AGREED TO TEST BEFORE I TOOK
OFFICE.
TESTING HAS BEEN COMPLETED AND
NOW WE'RE JUST AWAITING
CONFIRMED TESTING RESULTS ON
THOSE.
WE'RE ALSO MOVING FORWARD WITH
CASES THAT HAVE RESULTED FROM
THAT TESTING.
THERE HAVE NOW BEEN TWO
CONVICTIONS AND ONE PERSON WAS
SENTENCED.
A SERIAL SEX OFFENDER RECEIVED A
SENTENCE OF 35 YEARS.
WE NEED TO CONTINUE PURSUING
JUSTICE IN THESE CASES.
WE'RE MOVING ON LEGISLATION
DESIGNED TO PREVENT OTHER
THAT HE WILL SOON AND THAT THAT
LEGISLATION WILL BECOME LAW.
>> ON THE LAME DUCK LAWS THAT
MEAN YOU HAVE TO GET APPROVAL
FROM THE REPUBLICAN-HELD JOINT
FINANCE COMMITTEE ON SETTLEMENT,
IS THERE YET AGREEMENT ON HOW TO
HANDLE CONFIDENTIAL SETTLEMENT
AGREEMENTS BEFORE THAT PANEL?
>> WE HAVEN'T, UNFORTUNATELY.
THE REPUBLICANS IN THE
LEGISLATURE TOOK ACTION DURING
THAT LAME DUCK SESSION TO CHANGE
WAY IT HAD WORKED FOR DECADES
PREVIOUSLY.
I THINK THEY HAVE A
RESPONSIBILITY TO COME UP WITH A
SOLUTION THAT'S GOING TO HELP US
RESOLVE CASES.
WE'VE MADE SUGGESTIONS AS TO HOW
WE CAN MOVE FORWARD.
THE REPUBLICANS ON THE JOINT
FINANCE COMMITTEE HAVE NOT
AGREED TO THOSE.
BUT I'M HOPEFUL THAT THEY WILL
STEP UP AND COME FORWARD WITH A
SOLUTION SOON SO THAT WE CAN
MOVE CASES FORWARD.
THESE ARE CASES THAT COULD
INVOLVE ENVIRONMENTAL VIOLATIONS
OR CONSUMER PROTECTION
VIOLATIONS.
AND WE NEED TO MAK WE'VE
GOT A PROCESS IN PLACE FOR
RESOLVING THOSE CASES.
BECAUSE THAT'S WHAT'S IN THE
BEST INTEREST OF WISCONSINITES.
>> SO VIRTUALLY NO MOVEMENT ON
HOW TO DEAL WITH THAT ISSUE OF
CONFIDENTIALITY?
>> UNFORTUNATELY NOT.
JOINT FINANCE HAS ONLY APPROVED
ONE SETTLEMENT PURSUANT TO THAT
NEW LEGISLATION.
WE ARE GOING TO CONTINUE TO
ENCOURAGE THEM MOVING FORWARD.
EVERY DAY THAT GOES BY THE RISK
INCREASES OR CONTINUES THAT
WE'RE GOING TO HAVE AN
OPPORTUNITY TO SETTLE SOME CASE
THAT WE WON'T BE ABLE TO SETTLE
BECAUSE THE JOINT FINANCE
COMMITTEE HASN'T COME UP WITH A
PROCESS.
YOU KNOW, I REALLY THINK THEY
NEED TO ACKNOWLEDGE AT THIS
POINT THAT THE LAW IS NOT
WORKING, THAT WE NEED TO REFORM
IT AND AT THE VERY LEAST PUT A
PROCESS IN PLACE THAT'S GOING TO
HELP US MOVE FORWARD.
>> HOW WAS IT THAT THAT ONE
SETTLEMENT ABLE TO GO FORWARD?
WAS THAT BECAUSE THERE WASN'T
ANYTHING CONFIDENTIAL ABOUT IT?
>> THERE WE HAD A PROPOSED
SETTLEMENT AGREEMENT AND THE
OTHER SIDE DIDN'T OB OBJECT TO
HAVING THAT AGREEMENT SHARED
WITH THE JOINT FINANCE
COMMITTEE.
IN A LOT OF CASES, A PARTY
DOESN'T WANT TO MAKE A
SETTLEMENT OFFER PUBLIC, SO THAT
MAKES IT VERY DIFFICULT TO
FIGURE OUT A WAY TO SETTLE THOSE
CASES WITH THE JOINT FINANCE
COMMITTEE, WHICH RIGHT NOW HAS
NOT COME UP WITH A PROCESS THAT
MAINTAINS CONFIDENTIALITY.
THE OTHER THING ABOUT THAT
RESOLUTION WE HAD IS THE JOINT
FINANCE COMMITTEE DIDN'T GET ANY
INPUT FROM MY OFFICE ON THE PROS
AND THE CONS OF THAT SETTLEMENT,
THE LEGAL MERITS OF THE CASE.
THAT'S INFORMATION THAT WOULD BE
KEPT CONFIDENTIAL.
THEY JUST MOVED FORWARD WITH IT.
SO IF WE'RE GOING TO HAVE
SIGNIFICANT CASES THAT ARE GOING
TO GET RESOLVED, WE'RE GOING TO
NEED TO GET A PROCESS IN PLACE.
>> SPEAKING OF SIGNIFICANT
PLACES, WISCONSIN HAS SUED
OPIOID MANUFACTURERS.
WHERE DOES THAT CASE STAND AFTER
YOU REFUSED TO ENTER INTO A
SETTLEMENT WITH PURDUE PHARMA?
>> WE FILED A SUIT EARLIER
AGAINST PURDUE AND THE FORMER
PRESIDENT AND CO-CHAIR OF THE
BOARD OF PURDUE PHARMA.
THAT CASE IS IN THE BANKRUPTCY
RIGHT NOW.
PURDUE PHARMA HAS DECLARED
BANKRUPTCY.
WE'RE CONTINUING TO WORK TO HOLD
PURDUE PHARMA ACCOUNTABLE.
WE ALSO JOINED MULTISTATE
INVESTIGATIONS INTO OPIOID
DISTRIBUTORS EARLIER THIS YEAR.
OUR GOAL IS TO MAKE SURE WE GET
ACCOUNTABILITY TO THE EXTENT
THAT COMPANIES ENGAGED IN FALSE
AND DECEPTIVE PRACTICES THAT
CONTRIBUTED TO THIS EPIDEMIC AND
TO GET FUNDS TO WISCONSIN SO
THAT THEY CAN HAVE ADDITIONAL
FUNDING TO SUPPORT TREATMENT,
PREVENTION ENFORCEMENT
EFFORTS.
>> IS THERE KIND OF A BOTTOM
LINE IN TERMS OF THE DOLLAR
FIGURE FOR ANY SETTLEMENT THAT
YOU'D BE LOOKING AT SO THAT YOU
COULD PUT THOSE BACK INTO THE
COMMUNITIES?
>> PART OF THE GOAL HERE IS TO
MAKE SURE WE MAXIMIZE OUR
FINANCIAL RECOVERY.
I CERTAINLY DON'T WANT TO GIVE
AWAY OUR NEGOTIATING POSITION,
BUT WE'RE GOING TO WORK TO
MAXIMIZE WHAT WE CAN RECOVER FOR
COMMUNITIES.
I ALSO THINK IT'S IMPORTANT THAT
WE HOLD THESE COMPANIES
ACCOUNTABLE AND THAT WE SEND A
CLEAR MESSAGE THAT THE KIND OF
FALSE AND DECEPTIVE PRACTICES
THAT CONTRIBUTED TO THIS
EPIDEMIC ARE HARMFUL AND HAVE
CAUSED REAL DEVASTATION IN
COMMUNITIES ACROSS WISCONSIN.
WE'RE GOING TO KEEP WORKING ON
THESE CASES.
>> ATTORNEY GENERAL JOSH KAUL,
THANKS