I AM THE FORCE

"The focus of the case has to go to the intent question," Meyer said. "There was no intent to obtain a dishonest advantage."

The day has finally arrived.

Can Jensen possibly escape conviction with the intent question? After all, there was indeed no attempt to obtain a dishonest advantage. Everyone from Jensen to the lowliest staffer knew that each caucus engaged in fundraising and campaign activities. It was one of the linchpins behind the philosophy of mutually assured destruction.

Loftus, and Kunicki, and Krug, and Brancel, and Prosser, and Jensen were all fully aware that they were engaged in political combat with an opponent utilizing similar tools and resources. Each caucus tried to be better at it than the other side, but that hardly describes an intent to obtain a dishonest advantage.

If "intent to obtain a dishonest advantage" has to be proven for a misconduct in public office conviction, then I can see a glimmer of hope for the former Speaker. It's also hard to imagine how a judge could deny him the right to fight this issue out before a jury. But Judge Ebert appears willing to bend over backwards in support of Blanchard, so I wouldn't expect him to be reasonable.

The facts remain that Jensen ran a campaign operation out of the capitol. The prosecution has some of the particulars wrong, but there's no denying that basic reality. So, the fight that begins today in Dane County Circuit Court has to focus on something other than these facts, and the jury will have to consider the appropriateness of the charges.

Jensen's attorney is unlikely to argue that rogue staffers engaged in illegal behavior unbeknownst to the Speaker, or that key witnesses are embellishing to blame higher-ups. This has to be one of the reasons that Jensen's team has never cared about the testimony of Foti or Ladwig. It just doesn't relate that much to their defense.

I've not studied the statutes, but I hope that Attorney Meyer is correct on the intent issue. As many people already know, however, a judge and jury don't have to follow any rules if they're intent on either locking you up or setting you free (i.e. Martha, Orenthal). Jensen's chances of receiving a fair hearing with this Judge and a Dane County jury remain slim, but it's encouraging to see some opportunity for the defense.

And to all my Democrat(ic) readers out there, please try and keep in mind the role of karma in this trial. If you guys succeed in destroying and incarcerating Scott Jensen for doing the same things as your team, then karma is going to come back and bite you. "My Name Is Earl" is a great show, don't you think? So keep Earl in mind before getting all outraged and sarcastic about the Jensen defense.

And one last thing -- everyone is in for some very big surprise if and when I make it up there on the stand. I will be playing the Jack Nicholson character. Now practice your chant -- intent and karma, intent and karma, intent and karma, intent and karma, intent and karma!