Sheriff David Mahoney

Is Sheriff David Mahoney the right person to investigate the Wisconsin Supreme Court Choking case?

Short answer: NO.

From the Milwaukee Journal Sentinel:

Dane County Sheriff Dave Mahoney -- who is now investigating a claim Supreme Court Justice David Prosser put his hands around another justice’s neck during an argument earlier this month -- endorsed Prosser’s opponent in the recent race for Supreme Court.

The Democratic sheriff endorsed Assistant Attorney General JoAnne Kloppenburg in her challenge to Prosser in the April 5 election. Mahoney and Kloppenburg also use the same campaign manager, Melissa Mulliken, who has worked on many state and local campaigns.

Mahoney took over the investigation Monday at the request of Capitol Police Chief Charles Tubbs. Tubbs said he consulted with the court before turning over the investigation to Mahoney.

Media Trackers spells out the very real concerns about Mahoney's impartiality:

The need for an impartial investigator to look into allegations of a physical altercation between two Wisconsin Supreme Courtjustices is absolutely critical. Wisconsinites deserve to know the full truth about this matter, and parties that are guilty of misconduct should explain their actions. Following the announcement by Capitol Police that the investigation will now be handled by Dane County Sheriff David Mahoney, MediaTrackers expressed concern over the sheriff's impartiality in the situation.

"After looking into Sheriff Mahoney's record, we have substantial reservations about his qualification to lead his department in a thorough and impartial investigation of this matter," stated Brian Sikma, Communications Director for Media Trackers. "Notwithstanding his long record of service to the public through law enforcement, the very politically charged nature of this particular investigation could prevent the public from resting full confidence in Sheriff Mahoney's abilities."

Citing a list of political activities, official actions, and unguarded public statements from Mahoney, Sikma concluded, "Sheriff David Mahoney’s partisan background and public statements raise questions about his ability to lead an impartial investigation. The sheriff should either explain why these items are not going to factor into any bias in the investigation, or recuse himself from the role altogether."

The following is a record of Dane County Sheriff David Mahoney's political, professional and public actions and statements that are cause for concern when it comes to his handling of a political charged Supreme Court matter:

In 2008, Sheriff David Mahoney appeared in television ad endorsing Wisconsin Supreme Court Chief Justice Shirley Abrahamson, a well known personal and political rival of Justice David Prosser. Mahoney also gave Abrahamson’s 2008 re-election campaign $100 dollars.

In 2008, Sheriff Mahoney helped create a program –later determined to be illegal – to give tax payer dollars to jail inmates to subsidize their bail. Attorney General J.B. Van Hollen said that the Sheriff’s office overstepped its authority with the program.

During the Budget Repair protests that occupied the Capitol, Mahoney refused to order Dane County Sheriff Deputies to enforce an order to keep the Capitol doors shut. Mahoney explained, “I refused to put deputy sheriffs in a position to be palace guards."

When touring the Capitol in during the occupation by pro-labor protesters in March, Mahoney was quoted in The Nation magazine as saying “I smile everyday at what I am seeing take place in this building."

When asked in an April 21, interview with liberal Madison talk-show host John “Sly” Sylvester about booing of the national anthem by counter-protesters at a Tea Party rally, Mahoney said “I’m quite confident that booing the national anthem never occurred.” But of course, the booing was caught on camera which makes it hard to deny.

From 2004-2006, Mahoney served as President of the Wisconsin Professional Police Association. As President of the state’s police union, Mahoney was quoted as saying it is a duty to “take care of those who take care of you,” and that “the job you save may be your own.” During Mahoney’s tenure as President, the WPPA endorsed Governor Jim Doyle for Governor and donated to eight Democratic campaigns and just three Republican campaigns.

Sheriff Mahoney was appointed to three separate commissions by Democrat Governor Jim Doyle between 2007 and 2008.

Without question, the appearance of Mahoney's impartiality exists.

He should recuse himself.