Established Fact
[Established Fact – Gableman findings issued and media characterization documented] When Wisconsin Special Counsel Michael Gableman released findings indicating that the Wisconsin Legislature retained plenary authority under Article II to decertify the election, and that common law fraud vitiates election results, major media outlets characterized the findings as partisan and without legal merit. This media framing suppressed the legislative and public uptake of the Special Counsel’s documented findings – including the documented Zuckerbucks funding irregularities and the WEC drop-box illegality – by establishing a consensus narrative that the election was settled and any challenge was meritless. The practical effect was that the Gableman findings, although representing a formally constituted Special Counsel investigation with subpoena authority, were neutered by a preemptive media narrative that foreclosed political space for remedial action.
Citations
Wisconsin GOP’s 2020 report embraces fringe election decertification theory: https://www.politico.com/news/2022/03/01/wisconsin-republicans-embrace-election-decertification-00012793 | Politico; see also Special Counsel Gableman Report, available at https://drive.google.com/file/d/1VHPg8ac3ou5_YYqh9zYe4DL5wuOGdeQE/view
Milwaukee Journal Sentinel, “Gableman report to Wisconsin Republicans promotes legally debunked effort to decertify 2020 election” (March 1, 2022) (cited in PolitiFact Wisconsin, supra fn4); New York Times, “Wisconsin Republicans’ Election Report Endorses Debunked Legal Theories” (March 1, 2022) (reporting that Gableman’s conclusions “sharply contradicted a legal assessment conducted by the Legislature’s attorneys in November, which determined there was no legal foundation for decertifying an election” and that “the Constitution does not grant states any authority ‘after presidential election results have been certified'”), available at https://www.nytimes.com/2022/03/01/us/politics/wisconsin-republicans-election-report.html.