Wisconsin election fraud case; judge finds probable cause
RACINE, Wis. - A Racine County man who admitted to breaking the law to prove election fraud tried to get a judge to toss the case Friday, Oct 21.
Wait's lawyer, Daniel Hartman, argued the Wisconsin Department of Justice did not have authority to prosecute the case.
"I assume that there would be appellate review on this matter because, again, when I looked at the statutes it’s a bit of a cluster," said Racine County Circuit Court Judge Robert Repischak.
The judge said he waded through the state laws. "Quite honestly, it's a legislative goose chase."
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"One of the concerns I had was that when I looked at that subsection, I did not find or determine that the commission had ever determined probable cause," the judge added. "And if there’s no probable cause determination, then there’s no referral to the district attorney’s office for prosecution. So there was, at least initially in my mind, an issue regarding whether or not a statutory or procedural step had taken place in order for the district attorney’s office to prosecute or refer the matter to the Attorney General’s Office."
In the end, Repischak said he did find authorization for Wait's prosecution without the Wisconsin Elections Commission referring the case or the commission finding probable cause. Thus, the judge ruled the case can move forward.
Harry Wait (R) with attorney (L) in court Friday, Oct. 22
Wait previously admitted he requested absentee ballots for other people without their permission because he was trying to prove vulnerabilities on Wisconsin's MyVote website.
Wait asked for a ballot for Assembly Speaker Robin Vos, a Republican, but didn't get it. He did successfully order other ballots; Racine’s clerk sent Wait one for Racine Mayor Cory Mason.
The Wisconsin Department of Justice charged Wait with election and identity fraud.
In the Friday hearing, the judge found probable cause that Wait committed a felony. Wait pleaded not guilty.
Outside the courthouse
Before the hearing, dueling groups gathered outside the Racine County Courthouse. One group called for Wait to be locked up; if convicted, he will face up to 13 years behind bars.
"I think anyone who attempts to undermine our amazing democratic voting process system should be punished," said Mike Frontier of Racine.
Another group backed Wait.
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"He’s a hero. He’s a whistleblower," said Diana Lorbiecki, a Wait supporter from West Allis.
The case will be back in court in December. The issue then is whether former Wisconsin Supreme Court Michael Gableman can be part of the Wait legal team.
The state's prosecutor working this case suggested there could be a conflict of interest, if Gableman has an attorney-client relationship with one of the victims in this case. Speaker Vos hired and fired Gableman to lead the state's investigation into the 2020 election. What that means in Wait's case will be hashed out in future court briefings and a December hearing.