“I think the public interest would be greatly served by the kind of closed-door process these subpoenas call for,” Johnson-Karp said.

Lawyers for Gableman and Vos have filed a motion to dismiss the lawsuit and argue that Gableman operates under the authority of the Legislative Assembly’s Committee on Campaigns and Elections.

“He is standing in the place of this committee,” said Joseph Voiland, counsel for the committee chair, Representative Janel Brandtjen, R-Menomonee Falls.

George Burnett, an attorney for Vos and the Assembly, said Wolfe was acting as a deputy for the electoral commission and the commission itself should be required to respond appropriately to subpoenas.

“They are not citizens, they have no rights under the US Constitution,” Burnett said. “And for good reason because they owe their allegiance, they owe their loyalty, they owe information to the Assembly, which is one of the bodies that created the agency.”

Bogged down in court

The case outside Lanford is one of many ongoing legal battles related to the GOP-ordered inquiry into the 2020 Wisconsin election.

Dane County Circuit Judge Frank Remington on Tuesday issued an order in a separate case declaring that Vos and Gableman must immediately release public documents related to the ongoing investigation. The case stems from a lawsuit filed earlier this year by liberal watch group American Oversight, alleging that Vos and Chief Clerk of the Assembly Ted Blazel failed to produce public documents related to Gableman’s review.