A Dane County judge has rejected Michael Gableman’s request that the judge recuse himself in a lawsuit over records in the former Supreme Court justice’s 2020 election probe.

The Washington, D.C.-based liberal group American Oversight filed the suit against Gableman after he failed to turn over records they requested. Dane County Judge Frank Remington held Gableman in contempt in June and ordered him to turn over the records.

Remington in Monday’s order declined to recuse himself, saying he had acted impartially and hadn’t “threatened” witnesses and displayed bias as Gableman claimed.

Gableman last month refused to answer questions on the witness stand during a hearing, saying Remington had “abandoned his role as a neutral magistrate” and was “acting as an advocate” for American Oversight.

In a previous hearing, Remington advised Office of Special Counsel aide Zakory Niemierowicz he may want to obtain a different attorney from Gableman’s after Gableman planned to present Niemierowicz as sole witness to counter allegations he was in contempt of court for not turning over records. Remington noted the possible consequences for contempt include jail time.

Remington in Monday’s order argued the OSC failed to provide reasons why he should recuse himself and only summarized the hearings and decisions in the case, which have led to mostly “adverse rulings.”

He added the OSC’s brief included inaccurate statements. But Remington said even if they were true, “nothing in OSC’s summary of the history of this case comes close to rebutting the presumption of fairness to show impropriety.”

See the order:

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