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'UPFRONT' recap: Attorney general candidates debate in first joint appearance

Democrat Josh Kaul and Republican Eric Toney debated the key issues in the race

'UPFRONT' recap: Attorney general candidates debate in first joint appearance

Democrat Josh Kaul and Republican Eric Toney debated the key issues in the race

>> RIGHT NOW EN "UPFRONT", THEY CANDIDATES FOR ATTORNEY GENERAL STANDING BY. INCUMBENT DEMOCRAT AND REPUBLICAN CHALLENGER, HEAD TO HEAD FOR THE NEXT HALF-HOUR. A SPECIAL EDITION OF "UPFRONT" BEGINS NOW. >> TAKING ON THE ISSUES IMPORTANT TO WISCONSIN, THIS IS "UPFRONT." MATT: THANKS FOR JOINING US. I MATT SMITH. THE CANDIDATES FOR ATTORNEY GENERAL ARE HERE READY TO GO, INCUMBENT DEMOCRAT JOSS CALLED IS SEEKING HIS SECOND TERM AS ATTORNEY GENERAL, HIS CHALLENGER, DISTRICT ERIC TONY, THE REPUBLICAN, WELCOME TO BOTH OF YOU. LET’S GET RIGHT TO IT. A -- MILWAUKEE IS ON PACE TO SEE RECORD NUMBER OF HOMICIDES. YOU WANT THE JUSTICE DEPARTMENT TO TAKE OVER ITS JURISDICTION IN MILWAUKEE AND PROSECUTE CASES. HOW WOULD YOU STAFF THE AND HOW WOULD YOU FIND THAT AND AS AN ELECTED DA, DOES THIS GO AGAINST CORPORATE’S FOR LOCAL CONTROL? >> NOT AT ALL. WE HAVE SEEN HISTORIC VIOLENCE IN MILWAUKEE, A SAD REALITY WHEN PARENTS CANNOT FEEL SAFE IN THEIR OWN HOMES. PEOPLE CANNOT FEEL SAFE IN THEIR VEHICLES AND PARENTS WON’T LET THEIR CHILDREN GO TO PARKS BECAUSE THEY ARE AFRAID OF STRAY BULLETS AND THIS IS MILWAUKEE, WISCONSIN, AND I REFUSE TO ACCEPT THIS RECORD VIOLENCE AS THE NEW NORMAL. I HAVE SAID OUR ATTORNEY GENERAL’S OFFICE NEEDS TO HAVE PROSECUTION AUTHORITY TO TAKE ON THE CASES THEY ARE UNABLE OR UNWILLING TO PROSECUTE AND ADD AN ADDITIONAL DCI AGENTS AS WELL AS PARTS TO CUTER’S IN OUR CRITICAL UNIT. DURING THIS VIOLENCE, OUR 30 -- ATTORNEY GENERAL HAS DEFUNDED THE POSITIONS. EARLIER THIS YEAR, THE WISCONSIN STATE JOURNAL RAN A STORY WHERE THEY WERE AT A 30% VACANCY RATE WITH THOSE PROBABLY PROVIDED BY THE ATTORNEYS GENERAL’S OFFICE AND THE DIRECTOR OF DCI THIS YEAR AT A BETTER STATE SHERIFFS CONFERENCE AT OUR DCI POSITIONS WERE AT 88 OUT OF 113 POSITIONS FILLED. HER WORDS, NOT MINE, NEAR 25% VACANCY WHERE WE NEED SOMEONE THAT WILL MAKE PUBLIC SAFETY THE NUMBER ONE PRIORITY. THAT DOES NOT EVEN GET INTO THE MISMANAGEMENT OF OUR CRIME. MATT: WE WILL TALK ABOUT VACANCIES. YOU PROPOSE ADDING TWO NEW VIOLENT CRIME PROSECUTORS AS YOUR OVERALL BUDGET PROPOSAL, THAT PROPOSAL WOULD INCREASE BY 10% IN PART TO ADDRESS CRIME. ARE THOSE PROSECUTORS SPECIFICALLY FOR MILWAUKEE AND WHY SHOULDN’T THE STATE STEP IN MORE? >> THE LEVEL OF VIOLENCE WE HAVE SEEN A MILWAUKEE BUT ALSO COMMUNITIES ACROSS THE COUNTRY IN THE WAKE OF THE PANDEMIC IS UNACCEPTABLE. AS THE ATTORNEY GENERAL, I HAVE OVERSEEN THE DEPARTMENT THAT INVESTIGATES AND PROSECUTES THE MOST SERIOUS CRIMES IN THE STATE OF WISCONSIN. PUT SERIAL RAPISTS BEHIND BARS, WORK ON CASES WHERE THERE ARE HOMICIDES AND THE BODY CANNOT BE FOUND. I’M A FORMER FEDERAL PROSECUTOR AND WE NEED SOMEBODY WHO BRINGS THAT EXPERIENCE TO THE JOB. I HAVE PROPOSED COMPREHENSIVE PUBLIC SAFETY PLANS. MY SAFE FOR WISCONSIN PLANE WOULD INVEST IN LAW ENFORCEMENT, INVEST IN VICTIM SERVICES, IN MENTAL HEALTH CRISIS RESPONSE, ALSO PROPOSES COMMONSENSE GUN SAFETY MEASURES THAT UNIVERSAL BACKGROUND CHECKS. WE HAVE HEARD ATTACKS FROM MY OPPONENT THROUGHOUT THE CAMPAIGN AND HE IS TRYING TO FIND WHATEVER MONEY HE CAN TO THROW AT THE WALL AND HOPE SOMETHING STICKS. HE KNOWS THE FACTS HERE SUCK -- HE IS CITING ARE NOT CORRECT, THERE INACCURATE. THIS IS A PATTERN WE HAVE SEEN. HIS FRIENDS, SIX OF THEM WHO HE HAD KNOWN FOR YEARS, SOMETIMES FOR DECADES, DON’T RECOGNIZE THE CANDIDATE THEY SEE FOR ATTORNEY GENERAL. WHEN HE WAS ASKED TO BE VOTED FOR FOR PRESIDENT, HE SAID HE NEEDED TO TALK TO ITS POLITICAL CONSULTANTS. WE SHOULD HAVE A DEBATE BASED ON THE FACTS AND WHAT IS RIGHT FOR WISCONSIN, NOT BASED ON WHAT SOME POLITICAL CONSULTANT SAYS. >> SO THESE ARE NOT MY WORDS, THESE ARE THE WORDS OF HIS DIRECTOR OF DCI, TINA VIRGIL, AND HE HAS NOT REFUTED IT. HE REFUSES TO ADDRESS THAT SPECIFIC ISSUE SO I’M CHALLENGING OUR ATTORNEY GENERAL, RELEASE THE ORGANIZATIONAL -- THE ORGANIZATIONAL CHARTS REDACTED WITHOUT NAMES TO SEE HOW POSITIONS THERE ARE, VACANCIES THERE ARE. YOU REFUSED TO ADDRESS THIS. >> MR. TONY IS LYING. THE DATA OUT THERE IS AVAILABLE. WISPOLITICS REPORTED ON IT. IN THE DATA SHOWS HOW DIVISION OF CRIMINAL INVESTIGATION HAS HAD 90% STAFFING OR HIGHER THROUGHOUT MY TIME IN OFFICE. MR. TONY KNOWS THAT BUT HE IS TRYING TO PURSUE A FALSE NARRATIVE. THE TRUTH OF THE MATTER IS THROUGHOUT MY TIME IN OFFICE, I HAVE CALLED FOR MORE RESOURCES, FOR PUBLIC SAFETY IN WISCONSIN. MR. TONY OFFERED NO SERIOUS PLANS FOR PUBLIC SAFETY BECAUSE HE WILL NOT STAND UP TO HIS OWN PARTY AND CALLED -- CALL AT THE REFUGE AND THE INCREASED -- >> HE SAID HIS DIRECTOR OF DCI WAS LYING BECAUSE THAT IS HER WORDS AND NOT MINE AND HE AGAIN REFUSES TO ACKNOWLEDGE HE IS IN OPPORTUNITY NOW TO SAY SHE IS WRONG AND THE NUMBERS BUT HE WON’T DO IT BECAUSE HE KNOWS TINA VIRGIL IS RIGHT ON THE NUMBERS. I HAVE STOOD UP TO MY PARTY. ANYBODY THAT PAID ATTENTION TO THE REPUBLICAN PRIMARY SAW THAT HAPPEN WHERE I ENFORCED THE RULE OF LAW. UNLIKE OUR ATTORNEY GENERAL, I DO NOT PICK AND CHOOSE WHEN TO REINFORCE THE RULE OF LAW. >> OUR EDITORIAL PARTNER WISPOLITICS DID OBTAIN DATA THAT FOUND 10% OF THE DOJ SPECIAL AGENT POSITIONS ARE CURRENTLY VACANT, 13% OF CRIMINAL PROSECUTORS. IS THAT DATA ACCURATE? >> THAT DATA IS ACCURATE AND MR. TONY HAS SEEN THAT. WHAT HE HAS BEEN SAYING FOR THE DEBATE IS A LIE. NINE POSITIONS WERE -- 81 OUT OF 90 FILLED, WE ARE ALSO IN THE PROCESS OF HIRING 12 MORE DCI AGENTS AND THROUGHOUT MY ADMINISTRATION WE HAVE HAD OVER 90%. >> ALL YOU HAVE TO DO IS ADDRESS TINA VIRGIL’S COMMENT. WILL YOU ADDRESS THAT RIGHT NOW AND RIGHT HERE AND SAY SHE IS WRONG? WILL YOU ADDRESS HER COMMENTS RIGHT NOW? >> AS THE ATTORNEY GENERAL, YOU CANNOT GO OUT AND MAKE PUBLIC STATEMENTS BASED ON SECONDHAND INFORMATION THAT YOU HAVE NOT VERIFIED. YOU HAVE TO HAVE THE FACTS RIGHT. TONY HAS BEEN SAYING SOMETHING THAT IS NOT TRUE AND INSTEAD OF ADMITTING SOMETHING THAT IS FALSE, YOU READ THE NUMBERS, WE KNOW IT IS FALSE. >> HE IS DODGING THE QUESTION AND REFUSES TO ANSWER BECAUSE HE KNOWS THE DIRECTOR OF DCI SAYING 88 OUT OF 113 POSITIONS ARE FILLED NEAR 25% AND HE HAS NOT ADDRESS THE VACANCY RATE FOR THE PROSECUTORS EARLIER THIS YEAR. >> WE WILL CIRCLE BACK TO VACANCIES. I WANT TO MOVE ON. PRESIDENT BIDEN ANNOUNCED MASS PARDONS FOR ANYONE CONVICTED OF MARIJUANA POSSESSIONS. SHE URGED GOVERNORS TO DO THE SAME IN STATES ACROSS THE COUNTRY. I’M CURIOUS WHAT YOU AS ATTORNEY GENERAL WOULD ADVISE THE WISCONSIN GOVERNOR TO DO. >> MY VIEW IS WE SHOULD LEGALIZE MEDICAL MARIJUANA IN WISCONSIN. I THINK THAT IS A STEP WE NEED TO TAKE. THERE ARE PEOPLE SUFFERING FROM TERRIBLE DISEASES, SOME SUFFERING FROM CANCER, WHO CANNOT GET THE HELP THEY NEED. IF PEOPLE COULD GET RELIEF, I THINK THEY SHOULD BE ABLE TO GET IT. I HAVE BEEN A PROPONENT OF LEGALIZING MEDICAL MARIJUANA AND I THINK WE SHOULD SEE HOW THAT GOES AND ASSESS WHERE TO GO FROM THERE. MY OPPONENT HAS TAKEN A DIFFERENT VIEW. HE BELIEVES WE SHOULD FOCUS ON MARIJUANA PROSECUTIONS AND MAKE THAT A PRIORITY. I BELIEVE OUR INVESTIGATIVE AND PROSECUTORIAL RESOURCES SHOULD GO TO THE MOST SERIOUS CRIMES LIKE INVESTIGATING DRUG TRAFFICKERS DEALING FENNEL AND HEROIN AND THE OTHER MORE SERIOUS DRUGS, NOT DIVERTING RESOURCES FROM THAT. >> HOW WOULD YOU ADVISE THE GOVERNOR? >> IF ANYONE IS SERIOUS ABOUT PROSECUTING VIOLENT CRIME OR ANY CRIME, THEY DON’T LEAVE PROSECUTOR OR DCI POSITIONS VACANT. WE HAVE HEARD THE PHRASE FOR TWO YEARS, FOLLOWS A SCIENCE -- THE SCIENCE. WE NEED TO SEE AXEL STUDIES ON MEDICAL MARIJUANA THAT IF A DOCTOR CAN PRESCRIBE IT WE CAN KNOW HOW MEAN MILLIGRAMS, DOSAGE, AND WHAT IT DOES. AT THE END OF THE DAY, IF THE SIGN SUPPORTS IT AND IT CAN REDUCE THE DEPENDENCY ON OPIOIDS, THAT CAN BE FANTASTIC FOR WISCONSIN NOISE. WE HAVE RECORD-SETTING DEATHS. THAT IS SOMETHING OUR ATTORNEY GENERAL HAS ONLY GOTTEN WORSE ON HIS WATCH NO, KILLING KIDS IN OUR STREETS. IF THE SIGN SUPPORTS A, IT COULD BE FANTASTIC FOR WISCONSIN BUT WE NEED TO SEE THE SCIENCE. >> MR. TONY KNOWS THE FEDERAL GOVERNMENT HAS NOT ALLOWED FOR TESTING WHICH IS WHY THE SCIENCE IS BEHIND. THIS IS A GAME WHERE YOU CAN NEVER MEET THE TESTING SET. ON OPIOIDS, WE HAVE TAKEN ON OPIOID COMPANIES, WE SUED PRETTY PHARMA, WE JOINED MULTISTATE INVESTIGATIONS AND HELP SECURE $400 MILLION THAT WILL GO TO COMMUNITIES ACROSS WISCONSIN TO HELP FIGHT THAT EPIDEMIC. WE’VE ALSO HAVE SOME OF THE MOST SUCCESSFUL DRUG TAKE BACKS IN THE COUNTRY AND PUT DRUG TRAFFICKERS BEHIND BARS. WE NEED TO KEEP INVESTING IN RESOURCES. MY SAFE FOR WISCONSIN PLANE WOULD DO THIS. WHEN IT COMES TO PROSECUTED POSITIONS, MR. TONY IS TRYING TO MISLEAD THE PUBLIC. AS THE DATA YOU LISTED SHOWED, THERE ARE FOUR VACANT POSITIONS TOTAL AND TWO OF THOSE ARE POSITIONS WE GOT FROM THE GOVERNOR’S OFFICE THAT WE REQUESTED THROUGH THE COVID RELIEF MONEY. ONE OF THEM IS A PERSON WHO JUST GOT APPOINTED PORTAGE COUNTY DA. WE WORKED THROUGHOUT MY ADMINISTRATION TO FILL EVERY POSITION THAT WE CAN AFFORD TO FILL IN OUR BUDGET AND WE HAVE INVESTIGATED AND PROSECUTED SOME OF THE MOST SERIOUS CASES. >> WHEN WE LOOK AT THE OPIOID SETTLEMENT, THERE WERE THREE COUNTY EXECUTIVES THAT CRITICIZED THE ATTORNEY GENERAL SAYING HE WAS NOWHERE TO BE FOUND DURING THOSE EFFORTS UNTIL THE END, IN THE SAME WISCONSIN STATE JOURNAL STORY, WHERE ALL OF A SUDDEN WHEN IT LOOKED LIKE THERE MIGHT BE A SETTLEMENT, THERE WAS A FLURRY OF ACTIVITY FROM THE ATTORNEY GENERAL’S OFFICE. WHAT I’VE SAID FROM THE VACANT PROSECUTOR POSITIONS IS MARCH OF THIS YEAR, NOT NOW, MARCH. WE WERE TRYING TO COVER FOR YOUR FAILURE OF NOT PRIORITIZING PUBLIC SAFETY WHERE YOU HAD SIX VACANT POSITIONS. IT IS NOT DIFFICULT TO RECRUIT PROSECUTORS AND A DCI AGENTS FOR OUR DEPARTMENT OF JUSTICE. THAT IS THE CROWN JEWEL OF WHERE PEOPLE WANT TO GO. WE HAVE A CHALLENGE RECORDING PROSECUTORS, ASSISTANT DISTRICT ATTORNEYS ACROSS WISCONSIN BECAUSE THE LOW STARTING PAY. WE RELY ON THOSE DCI AGENTS ARE ARSON, HOMICIDE, CHILD SEXUAL ASSAULTS. AND THAT REDUCTION HAS MADE IT MORE DIFFICULT FOR LAW ENFORCEMENT AND PROSECUTORS WHERE I WAS JUST IN EAU CLAIRE WHERE THE DCI OFFICE IS 50% STAFFING. MATT: WE HAVE TO TAKE A QUICK BREAK AND WE WILL TALK ABOUT STAFFING WHEN WE COME BACK. OUR CONVERSATION CONTINUES. IT IS JUST BEGINNING. JOSH KAUL AND ERIC TONEY. STAY WITH US.
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'UPFRONT' recap: Attorney general candidates debate in first joint appearance

Democrat Josh Kaul and Republican Eric Toney debated the key issues in the race

Attorney General candidates Democrat Josh Kaul and Republican Eric Toney sparred over DOJ vacancies, abortion and the state’s elections in their first joint appearance ahead of the Nov. 8 election on WISN's "UPFRONT," which is produced in partnership with WisPolitics.com. "I'm challenging our attorney general — release the organizational charts for DCI, redacted without names, to see how many positions there are, how many vacancies there are," Toney said. "You've refused to address that issue."Following a WisPolitics.com open records request earlier this month, the DOJ reported 10% of its special agent positions are currently vacant, along with 13% of the slots for criminal prosecutors. "That data is accurate," Kaul said. "Mr. Toney has seen that, so what he’s been saying for this debate is a lie."Kaul is challenging the state's 1849 abortion ban in court and accused Toney of being "eager" to enforce it."What you basically heard from Mr. Toney is he will be using DOJ resources, which go to investigating and prosecuting the most serious crimes, to go after people for abortions, including for rape and incest," Kaul said.Toney dismissed the accusation."We enforce the rule of law," Toney said. "What I’ve said repeatedly, we have great district attorneys and prosecutors across Wisconsin, and we use our discretion, and we take things on a case-by-case basis."Both candidates were asked what they see as the role of the attorney general in future elections after the 2020 election prompted accusations of fraud by former President Donald Trump and investigations in states like Wisconsin."He supported Michael Gableman's waste of over $1 million of taxpayer money," Kaul said referring to Toney. "He just appeared with him at a fundraiser. He said that our election commissioners committed crimes and should be removed from office so he’s been fanning the flame of the 'big lie.' That is the last thing we need from our state’s top law enforcement officer."Toney quickly fired back."I'm curious where our attorney general has been, if he's paid attention," Toney said. "I've been the most vocal Republican statewide candidate opposed to decertification, saying there was no widespread voter fraud that would overturn the results of the election here in Wisconsin."Watch: Web extra with Josh Kaul and Eric Toney

Attorney General candidates Democrat Josh Kaul and Republican Eric Toney sparred over DOJ vacancies, abortion and the state’s elections in their first joint appearance ahead of the Nov. 8 election on WISN's "UPFRONT," which is produced in partnership with WisPolitics.com.

"I'm challenging our attorney general — release the organizational charts for DCI, redacted without names, to see how many positions there are, how many vacancies there are," Toney said. "You've refused to address that issue."

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Following a WisPolitics.com open records request earlier this month, the DOJ reported 10% of its special agent positions are currently vacant, along with 13% of the slots for criminal prosecutors.

"That data is accurate," Kaul said. "Mr. Toney has seen that, so what he’s been saying for this debate is a lie."

Kaul is challenging the state's 1849 abortion ban in court and accused Toney of being "eager" to enforce it.

"What you basically heard from Mr. Toney is he will be using DOJ resources, which go to investigating and prosecuting the most serious crimes, to go after people for abortions, including for rape and incest," Kaul said.

Toney dismissed the accusation.

"We enforce the rule of law," Toney said. "What I’ve said repeatedly, we have great district attorneys and prosecutors across Wisconsin, and we use our discretion, and we take things on a case-by-case basis."

Both candidates were asked what they see as the role of the attorney general in future elections after the 2020 election prompted accusations of fraud by former President Donald Trump and investigations in states like Wisconsin.

"He supported Michael Gableman's waste of over $1 million of taxpayer money," Kaul said referring to Toney. "He just appeared with him at a fundraiser. He said that our election commissioners committed crimes and should be removed from office so he’s been fanning the flame of the 'big lie.' That is the last thing we need from our state’s top law enforcement officer."

Toney quickly fired back.

"I'm curious where our attorney general has been, if he's paid attention," Toney said. "I've been the most vocal Republican statewide candidate opposed to decertification, saying there was no widespread voter fraud that would overturn the results of the election here in Wisconsin."

Watch: Web extra with Josh Kaul and Eric Toney