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Saturday, June 25, 2011

An alternate account of the Prosser-Bradley confrontation surfaces: Did she "charge him with fists raised"?

The Milwaukee Journal Sentinel presents new detail to the undersourced report that everyone's talking about today:
A source who spoke to several justices present during the incident told the Journal Sentinel that the confrontation occurred after 5:30 p.m. June 13, the day before high court's release of a decision upholding a bill to curtail the collective bargaining rights of public employees.

At least five justices, including Prosser and Bradley, had gathered in Bradley's office and were informally discussing the decision. The conversation grew heated, the source said, and Bradley asked Prosser to leave. Bradley was bothered by disparaging remarks Prosser had made about Chief Justice Shirley Abrahamson.

Bradley felt Prosser "was attacking the chief justice," the source said. Before leaving, Prosser "put his hands around her neck in what (Bradley) described as a chokehold," the source said. "He did not exert any pressure, but his hands were around her neck," the source said. The source said the act "was in no way playful."

But another source told the Journal Sentinel that Bradley attacked Prosser. "She charged him with fists raised," the source said. Prosser "put his hands in a defensive posture," the source said. "He blocked her." In doing so, the source said, he made contact with Bradley's neck.

Another source said the justices were arguing... [and] Prosser said he''d lost all confidence in [Abrahamson's] leadership. Bradley then came across the room "with fists up," the source said. Prosser put up his hands to push her back. Bradley then said she had been choked, according to the source. Another justice - the source wouldn't say who - responded, "You were not choked."
According to the Journal Sentinel, Prosser issued a statement today, saying the accusation against him "will be proven false."

The NYT has picked up the story: "Wisconsin Judge Said to Have Attacked Colleague." The NYT article refers to the Journal Sentinel's new article this way:
Late Saturday, a separate Milwaukee Journal Sentinel report described a physical encounter in which two sources offered conflicting accounts of what happened, including one in which Justice Bradley was said to have charged at Justice Prosser.
I'm reading the Journal Sentinel's account as referring to 3 — not 2 — sources, with 2 of the 3 versions portraying Bradley as the aggressor: "the source... another source... [a]nother source...."

I want to know not only what really happened at the time of the physical contact (if any) between the 2 justices, but also who gave the original story to the press. If Prosser really tried to choke a nonviolent Bradley, he should resign. But if the original account is a trumped-up charge intended to destroy Prosser and obstruct the democratic processes of government in Wisconsin, then whoever sent the report out in that form should be held responsible for what should be recognized as a truly evil attack.

ADDED: Everyone who thinks Prosser must to resign if he attacked Bradley ought to say that if Bradley attacked Prosser, she should resign. If that happens, then the tactic of leaking the original version of the story to the press will have backfired horrifically for Democrats, as Governor Scott Walker will name the Justice to replace Bradley. If both Justices erred and must resign, that will be 2 appointments for Walker, both of whom, I would imagine, will be stronger, younger, and more conservative than Prosser, and, with Bradley gone, the liberal faction on the court will be reduced to 2, against a conservative majority of 5.

AND: Remember, the legislature has the power to impeach, so it is Bradley who is at the greater risk as the story, suppressed for 11 days, comes out. The legislature could play neutral and impeach both Prosser and Bradley, but that would give 2 appointments to Scott Walker.

ALSO: People may assume that the man is larger than the woman, but — from what I have heard — Bradley is significantly larger than Prosser. Bradley is also 7 years younger than Prosser, who is 68.

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