Here & Now

Josh Kaul, Eric Toney and Wisconsin's 2022 AG Race

Zac Schultz:

We turn now to an election that can get overshadowed by the races for governor and U.S. Senate, Wisconsin’s attorney general is often called the state’s top cop. And public safety is the number one issue for both the incumbent, Democrat Josh Kaul and the challenger Republican Eric Toney but which party controls the office of attorney general has a much bigger impact on other hot button issues like abortion and elections.

Josh Kaul:

I think public safety is the most important issue for the attorney general. It’s been my top priority since I took office and it continues to be.

Eric Toney:

Josh Kaul has decided that’s not going to be his top priority. Politics has been his top priority and that’s why we need a prosecutor and not a politician as our top cop.

Zac Schultz:

The attorney general leads Wisconsin’s Department of Justice. And while that may sound imposing, DOJ is typically not on the front line of the fight against crime. They often play a support role, stepping into assist local police and county district attorneys when needed.

Eric Toney:

What we want to do is focus on Milwaukee County.

Zac Schultz:

Eric Toney wants a more direct role. If elected, he plans to ask the legislature for the authority to step in and prosecute any case in Milwaukee County.

Eric Toney:

It’s evident that we need more resources and to have the attorney general’s office assist with that on that type of violent crime.

Zac Schultz:

Josh Kaul says if the legislature is giving more authority to the DOJ, it should apply statewide but he also can’t think of cases where the Milwaukee County district attorney is choosing not to prosecute violent criminals.

Josh Kaul:

I can’t think of examples where, you know, DAs think that there is a prosecution that should be brought and they’re choosing not to.

Zac Schultz:

For the record, Toney can’t list any examples of that either, but he knows Milwaukee has a budget shortfall.

Eric Toney:

The mayor’s budget proposal this year is for less police officers than the year before and so our Department of Justice can be a resource to augment what we’re seeing in Milwaukee with DCI agents and prosecutors to add more to our Department of Justice.

Zac Schultz:

Kaul says the way to fight crime is for the legislature to fully fund shared revenue to local governments, so the city of Milwaukee can afford more officers.

Josh Kaul:

What we really need, though, is not just a shift in authority. We need to get resources to our communities.

Zac Schultz:

Toney says Republicans in the legislature are more likely to fund his Department of Justice than increase shared revenue to Milwaukee.

Eric Toney:

What we need is someone the legislature trusts to partner with to deploy those resources for public safety.

Zac Schultz:

Kaul says it’s important to have an attorney general willing to stand up to Republicans in the legislature, especially on election issues.

Josh Kaul:

This is a clear contrast in the attorney general’s race. If you want a candidate who you can count on to protect democracy, I think my track record speaks for itself. My opponent’s track record speaks for itself in a very different way.

Zac Schultz:

Kaul represented the state in numerous lawsuits filed before and after the 2020 election, and says a Republican couldn’t be trusted to do the same.

Josh Kaul:

That’s a real concern that I have, is that if there is Republican control, that they would overrule the will of the people and I’m worried that if Eric Toney were AG, that he would potentially suggest, you know, falsely that laws were broken or that there was fraud. And again, he has suggested that laws were broken in 2020, despite the fact that this has been litigated in case after case after case.

Eric Toney:

That’s incredibly disingenuous and dishonest of our attorney general to make a statement like that.

Zac Schultz:

Eric Toney is one of the few Republican candidates this election cycle to clearly state Donald Trump lost Wisconsin in 2020 and that there was no widespread voter fraud.

Eric Toney:

I’ve been the most vocal statewide Republican candidate saying we cannot decertify the election. That it’s not lawful. That there was not level of fraud that would have overturned the results of the 2020 election.

Zac Schultz:

That doesn’t mean Toney and Kaul agree on election issues. Toney says the members of the Wisconsin Elections Commission could have been prosecuted for the guidance they issued to local clerks.

Eric Toney:

WEC exceeded their lawful authority in directing these clerks to effectively break Wisconsin law.

Zac Schultz:

Kaul says no matter Toney’s prior statements, he wouldn’t trust him in 2024.

Josh Kaul:

What we’ve seen, though, is on issue after issue, Republicans in Wisconsin have been unwilling to stand up to Donald Trump.

Zac Schultz:

Toney says in 2024, he will follow the law.

Eric Toney:

I will enforce the rule of law not just when it’s popular and not just when I agree, that I will not inject my personal beliefs on others. I will follow the law.

Zac Schultz:

He says that applies to another area of contention in this election: abortion. Specifically enforcing Wisconsin’s 1849 law that bans all abortion except to save the life of the mother.

Eric Toney:

I’ve been very clear as a DA and as attorney general, I’m going to enforce the law. Right now that means we have an abortion ban on the books here in Wisconsin and I will enforce that as a DA and I will enforce and defend that as our attorney general.

Zac Schultz:

Josh Kaul has filed a lawsuit seeking to overturn that law and has said he will not enforce it as attorney general.

Josh Kaul:

The Wisconsin Department of Justice has about a hundred investigators, as well as a number of prosecutors. Putting those resources towards going after doctors or nurses or spouses or parents for violating that 19th Century abortion ban first is wrong but on top of that would be shifting resources from protecting public safety.

Zac Schultz:

Not only would Toney enforce the 1849 abortion ban, he would ask the legislature to allow adjoining counties to bring cases if the local DA won’t prosecute.

Eric Toney:

We need to give our attorney general the authority to prosecute. They already would have the technical authority to investigate it and I think another approach would be allowing for adjoining counties to be able to investigate and enforce that abortion ban in Wisconsin.

Josh Kaul:

What we do in Wisconsin in these elections makes such a big difference. The margins are small, but the consequences are huge.

Zac Schultz:

Josh Kaul thinks this is the type of issue that swings elections and may make the difference in a tight race.

Josh Kaul:

I do think that this is going to impact the election. I think there are people who may have voted Republican when they — when they knew there was a constitutional protection for access to safe and legal abortion who are now seeing how extreme Republicans, including my opponent, are on this issue.

Zac Schultz:

Toney says in the end, it will come down to public safety.

Eric Toney:

Josh Kaul has been lockstep with Tony Evers where we need an attorney general that is going to stand with our law enforcement, public safety and the rule of law.