U.S. Attorney Biskupic had a good reputation before the Thompson case which was
strengthened by his investigation of Republican claims of a conspiracy to commit widespread voter fraud in Wisconsin. Biskupic traced the claims to a couple of college kids who, it turns out, made it all up. The few isolated cases of illegal voting he could actually find were insignificant, and he concluded his investigation without substantiating the Republican claims.
An important component of this story is that the White House pressured federal prosecutors to bring election fraud cases.
Dana Perino, spokeswoman for President Bush, got the ball rolling last month when she divulged this: Since mid-2004, the White House had received complaints that election fraud cases were not getting the attention they deserved in Philadelphia, New Mexico and Milwaukee. She made the comments in the midst of the firestorm over the firing of eight U.S. attorneys by the Bush team.
"The president recalls hearing complaints about election fraud not being vigorously prosecuted," Perino said, "and believes he may have informally mentioned it to the attorney general during a brief discussion on other Department of Justice matters."
Karl Rove's fingerprints were all over the plan.
It may be that Biskupic felt the heat:
The real story of the U.S. Attorneys scandal that has so endangered the tenure of Attorney General Alberto Gonzales is not that of the eight fired prosecutors. It is that of the 85 U.S. Attorneys around the country who were not let go.
There's no doubt that Biskupic thought there was a connection between the award of the contract and the winner's campaign contribution to Doyle, and there's no doubt that Biskupic wanted to go after Doyle. But, he had no evidence against Doyle.
Did Biskupic bring this farcical case against an innocent state worker just to embarrass Doyle during his re-election campaign, or even to influence the election in favor of the Republican candidate?
I doubt it. A better question is, did Biskupic indict a state employee who was low on the food chain, expecting her to roll over and give up Jim Doyle? And did Georgia Thompson ultimately get taken to trial, despite the weak case, to punish her because she refused to roll? It sure wouldn't be the first time that's happened in our federal justice system.
The strategy of climbing the ladder only works when the person at the bottom of the ladder knows something about someone higher up the chain. If there's no chain, there's no connection and the strategy doesn't work. The poor defendant then has to choose between making something up to satisfy the prosecutor or going to trial to assert her innocence. And unless the prosecutor is willing to admit a mistake, he's stuck in a pointless trial that won't take him where he wants to go.
Maybe that's what happened to Biskupic. Perhaps he is not as nefarious as some are now speculating. He may have just behaved like prosecutors behave, got stuck with a bad case, refused to dump it, and got lucky with a conviction.
At least Georgia Thompson also got lucky when the Seventh Circuit panel took her case seriously and acted promptly to end her unjust imprisonment.
And while Biskupic is going to be tarnished over the case, and probably should be, we shouldn't forget where the push to bring these cases began: with the White House and probably Karl Rove.