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‘Top Chef: Wisconsin’ Episode 13 recap: The chefs set sail in Curaçao in first finale episode

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‘Top Chef: Wisconsin’ Episode 13 recap: The chefs set sail in Curaçao in first finale episode


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Warning: Spoilers ahead for “Top Chef” Season 21, Episode 13, which aired June 12, 2024.      

Ahoy, “Top Chef” fans! It’s come down to this: Tonight, we learned who will be the top three contestants vying for the title of Top Chef. 

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It was the first of two finale episodes filmed aboard the Holland America Eurodam cruise ship, which set sail from beautiful Curaçao.  

While I missed seeing Wisconsin shine on the small screen, it’s been a brutal season for the chefs, and they’ve more than earned a Caribbean getaway. But it’s not all fruity cocktails and beach excursions. The top four chefs had one final, frazzled Elimination Challenge before the last episode. 

It wasn’t pretty. We know how talented Dan, Danny, Laura and Savannah are, and the first cruise-line cook showed some cracks. But there were a couple standout dishes, and three of the chefs will have time to rebound in the final episode of “Top Chef: Wisconsin,” which airs next week. 

What in MKE did we see?: Nothing! “Top Chef” wrapped its time in Wisconsin with Episode 12. The finals are set aboard Holland America’s Eurodam cruise ship. 

Celebrity sightings: Chef/author Helmi Smeulders, Holland America Line President Gus Antorcha, Holland America Line Captain Mark Trembling, superstar Iron Chef Masaharu Morimoto, Holland America Line Fleet Executive Chef Sinu Pillai, “Top Chef: Texas” contestant Ed Lee, Holland America Line Director of Dining and Beverage Operations Marisa Christenson. 

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Where was the challenge set? Holland America’s Eurodam cruise ship 

How did Dan do? Major spoiler! It was a bit of an up-down-up episode, but … he did good enough to make it to the “Top Chef” finale! After a middling first course, he redeemed himself with a beautiful blackened snapper that impressed the judges and punched his ticket to the finale. He also won the Quickfire Challenge this week — his first Quickfire win of the season. 

Best Milwaukee-related quote: “I’m on the cusp of being the next Top Chef. I’m happy to represent my city of Milwaukee, I’m happy to represent the state of Wisconsin. Let’s go.” —Dan Jacobs 

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Sure, Milwaukee has some pretty spectacular water views of its own, but when the episode opened to punchy-colored buildings nestled by glimmering cerulean waters, it was clear “Top Chef” had bid adieu to the Midwest for the season. 

“We’re not in Milwaukee anymore,” Dan said as he arrived at the marina in Curaçao. 

Weeks after the final episode filmed in Milwaukee, the top four chefs (Dan, Danny, Laura and Savannah) reconvened with host Kristen Kish and judges Tom Colicchio and Gail Simmons in sunny Curaçao, an island just north of Venezuela. 

We learned that Danny had just run the New York City Marathon (We saw him running around Milwaukee a lot this season, but how did he manage to train during the competition?!) And Savannah had big news of her own: she got engaged during her time at home (like, right when she got home. “I got off the plane and it happened,” she said.) 

But even from 2,000 miles away, chef Dan hadn’t forgotten about his hometown. 

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“Winning ‘Top Chef’ changes everybody’s life. Beyond what it’s gonna do for my business, I think about what it could do for the state of Wisconsin or the city of Milwaukee,” he said. 

He’s not there yet, but the first of his cooks to determine whether he’ll claim the title was just ahead. 

The Quickfire Challenge: Lionfish and cheese are a gouda pairing 

Kish, Colicchio and Simmons were waiting for the chefs by the marina and welcomed them to Curaçao with an azure-hued cocktail featuring, of course, blue Curaçao liqueur. 

“OK, chefs, are you ready to take a stab at your final Quickfire Challenge?” Kish asked. 

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She pointed toward the display of spiney lionfish just to her left, an easy tip-off to the main ingredient of this week’s challenge, which none of the chefs had cooked with before. 

But local chef, cookbook author and lionfish hunter Helmi Smeulders was there to help. She explained that lionfish are an invasive species, and chefs in the area are encouraged to hunt and cook the fish to cut down on the population. 

With 18 venomous spines, lionfish are intimidating little suckers, but although the chefs would be cooking them, they wouldn’t have to break them down themselves. Phew! 

“Well, I mean, that’d be a great way to eliminate one of us, too,” Dan said, joking (but at this point in the competition, there could have been a kernel of truth there). 

The chefs wouldn’t only be cooking with lionfish. A second ingredient, gouda, is prevalent in Curaçao, brought to the island by the Dutch in the 17th century. 

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“Just because we left Wisconsin doesn’t mean we’re gonna leave all the cheese behind,” Kish said. (Smart woman!) 

The chefs would have the “sacrilegious” task of incorporating the lionfish and gouda in one dish, attempting to balance the mildness of the fish with the gouda’s strong flavor. 

They’d have just 30 minutes to figure out how. 

It was like the reverse of the infamous cheese festival challenge: Three of the chefs made some sort of light tartare or crudo while Danny opted for a fried croquette. 

Dan’s tartare was tossed in a little Kewpie mayo and served with orange and fresno aguachile and gouda frico. Laura’s crudo came with guava sauce and gouda crunch. Savannah’s crudo had chili oil and a sauce inspired by Curaçao’s national dish (keshi yena). Danny’s croquette had gouda sauce and red cabbage slaw. 

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After the quick cook, Dan’s lionfish tartare was the winning dish. Simmons said the Kewpie mayo he used in the dish was a smart bridge between the light fish and gouda. 

It was the first-ever Quickfire win for Dan, a last-minute victory for a known hater of the speedy mini challenges. He took home $10,000, his first cash prize since winning Restaurant Wars. 

The Elimination Challenge reveal: There’s plenty of fish in the sea 

We saw a lot of heartland-favorite ingredients pop up in the Wisconsin challenges this season, but when you’re surrounded by the sea, one ingredient comes to mind: fresh fish. 

For the Elimination Challenge, the chefs would work together to present an eight-course meal featuring eight different fish with eight different preparations: raw, steamed, mousse, poached, fried, roasted, smoked and blackened. 

Each chef would present two dishes to the judges’ table aboard the Holland America Eurodam line. 

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The ship would provide a pantry of ingredients, but the chefs could supplement it at the floating market nearby, where they’d have 10 minutes and $100 to shop for fresh produce.  

Without knowing what type of fish they’d be working with yet, the chefs navigated the market selecting ingredients that could be used broadly or those that showed off the region’s local flavor. 

On cook day, they’d have two-and-a-half hours to prep and cook their dishes to serve to a table of eight judges aboard the ship. 

The chefs unwind with a special dinner and stingray excursion 

But the chefs would have a little time to unwind before one of the most stressful cooks of the season. 

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Once aboard the Eurodam, they met at restaurant Tamarind, where an iconic celebrity chef was working behind the sushi bar. 

It was Masaharo Morimoto, star of long-running cooking competition show “Iron Chef,” and a restaurateur who owns more than 20 restaurants around the world, including one aboard one of Holland America’s fleet. He also happens to be the fresh fish ambassador to Holland America. 

He prepared a multi-course menu for the contestants, who sat slack-jawed in awe of the superstar chef the whole time. 

“Chef Morimoto’s just going to cook for me and these three goons? This is crazy,” said a wide-eyed Dan. 

“I feel so honored to be here in this moment,” Savannah said.

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Before leaving, Morimoto presented a list of the fish the chefs could choose from for the next day’s cook. But before he went, he left a poignant autograph for each chef, inscribing the words ichigo ichie on their menus, which means “the one-time chance” in Japanese. 

Because Savannah won last week’s Elimination Challenge, she had first pick of the fish and preparation (raw Atlantic salmon and fried striped bass). The divvying up went pretty smoothly for the rest of the chefs, too, aside from a brief moment where Dan and Laura both aimed to claim snapper. 

It seemed like the long-squashed beef between them had returned, but Laura offered the snapper to Dan and settled for grouper.  

She also chose steamed black bass. Danny chose sea bream mousse and smoked rainbow trout. 

Dan ended up with poached dorade and blackened snapper. 

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The next day, the chefs unwound with a beach-day getaway to Half Moon Cay, where they relaxed on a beachfront deck, sipped drinks and swam with stingrays (much to nature-averse Danny’s chagrin). 

“The stingrays, they come and give you warm hugs, but also they can also sting,” Laura said. “Like the chefs in the competition almost.” 

And making it this far, whoever got the chop this week would feel the sting extra hard. 

The Elimination Challenge: Rough waters in the kitchen at sea 

The chill beach-day vibes screeched to a halt when the chefs entered the Tamarind kitchen the following day. 

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They’d cooly selected their fish and courses, but their confidence was shaken as their dishes took shape. 

Dan’s yucca fritters came out from the frier mushy — another dunk in the oil helped crisp them up, but added an extra layer of grease. Danny’s steamed mousse didn’t souffle as he intended. And Savannah scrambled throughout her time in the kitchen, her vision for both dishes getting completely lost in the shuffle. 

It seemed like nerves were getting to the chefs, and with good reason. This was one of the most important cooks of their lives to that point, with just one service between them and the finale. 

They would serve a table of eight: Kish, Collichio, Simmons, Antorcha and Trembling, Pillai, Lee and Christenson.

Savannah was up first. She presented a sake-cured salmon roll with salmon tartare, twice-fried plantain and ginger dressing. A fine dish, but a very simple way to show off salmon, the judges said. 

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Next was Laura, who made a black bass recado negro with squash and fried plantain wrapped in a banana leaf. A fun idea, given the tropical locale, but Kish didn’t think the banana leaves were properly cleaned, creating a dirty musk that overwhelmed the dish. 

Danny was never able to revive his sea bream mousse, which he served with a fines herbes salad and scotch bonnet and green garlic spheres. 

In true Danny fashion, it was technical and stunning on the plate, but the mousse was so off it detracted from creativity of the spheres. 

“Something went wrong,” Collichio said. 

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Something was wrong with Dan’s poached dorade, too. He told the judges he hadn’t cooked dorade in almost 20 years. He walked away feeling pretty confident that the judges loved his dish, but Tom swooped in with a real zinger after he’d left the room. 

“Dan said he hasn’t cooked dorade since 2005. He still hasn’t cooked it,” he said. OUCH. His fish was raw. 

Manny went home last week for serving raw fish, saving Dan from being eliminated just before the finals. 

Although Dan’s fish wasn’t poached correctly, the judges did like the flavor of the coconut-turmeric sauce along with the grilled pumpkin and chili-garlic crisp. But Simmons mentioned those twice-fried fritters felt heavy and clunky alongside the rest of the dish’s bright Caribbean flavors. 

Savannah’s second dish was a bit of a flop, too. Her fried striped bass with pepper kosho and aji amarillo aioli was executed beautifully, but her choice to serve it on a too-large baguette made the dish feel dry. She should’ve cut the fish larger to fit, the judges said. 

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It was a big whiff for Laura’s grouper. It, too, was undercooked, and when she explained how she prepared it, she described baking the fish, not roasting, which was the preparation she was assigned.  

And the guajillo pepper glaze, guajillo-xo emulsion and pineapple broth seemed to curdle in the bowl, an off-putting sight for any dish. 

By that point, the judges were feeling a little awkward about their final four chefs. 

“They’ve all cooked so much better,” Kish assured the guest judges. It was clear to everyone that the lackluster showing across the board meant the intensity of the competition was getting to them. 

“They feel like they’re afraid,” Colicchio said. 

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Those fears were assuaged when Danny presented his second dish, a smoked rainbow trout with plantain pumpkin puree and a hazelnut lemon relish.  

Smoked fish will always be dry, Lee said, but Danny’s smart decision to top his with a smoked rainbow trout foam infused it with moisture.  

And the judges were wild about his hazelnut lemon relish, the lemon adding brightness and the hazelnut acting as a natural through line for the smokiness of the fish. 

You could sense the relief in the room as the judges discussed his dish. 

That relief lingered as Dan “brought up the caboose,” as he said, with the final course: blackened snapper, a preparation he’d never done but a dish his dad always enjoyed. He served it with butter-poached potatoes, a mandarin butter sauce and dill oil. 

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“This is my favorite dish of the whole meal,” Lee said. “Just comforting, it just made me feel good.” 

With a big smile, Kish said Dan’s snapper was the juiciest piece of fish served all day. 

After dinner, as the chefs debriefed, Dan was quiet as the rest of the chefs shared where they thought they had failed. He thought he nailed both dishes, but ending on that bright note gave him an extra boost of confidence going in to the judges’ critiques. 

Who won ‘Top Chef: Wisconsin’ Episode 13? 

Dan was half right. When Colicchio revealed that his poached fish, among others’, was served raw, Dan’s face fell. 

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“It flaked!” he said, uncredulous. He was shocked he’d misjudged the doneness of his dish. 

But his smile returned when the judges praised his moist and flavorful blackened snapper. 

“If everyone made blackened fish the way you did, that fish would not have died in the ‘90s,” Lee said. 

Everyone got pretty high-low critiques for the day, for the most part. The judges said they could tell Savannah’s creativity just wasn’t there, and Laura had some major mishaps, including the dirty banana leaves and undercooked grouper. 

They were totally turned off by Danny’s failed mousse, but he managed to save himself with his final dish, his unexpected smoked rainbow trout brightened beautifully by the lemon hazelnut relish. 

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“That dish, for me, was nearly perfect,” Kish said. 

And that dish is what ultimately secured the win — and the first spot in the finale — for Danny. 

Aside from advancing to the finale, Danny won $10,000 and a 10-day cruise for two anywhere in the world Holland America sails. 

“I’m going to the finale, I got $53,000 and I’m going on a cruise?” he said. “This feels really good.” 

I bet so, Danny! 

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Who was sent home on ‘Top Chef: Wisconsin’ Episode 13? 

Who would be the next chef to join Danny in the finale? 

Thank goodness for that “caboose” dish, which saved Dan and secured his spot in the finale, too. 

“I’ve wanted to be in this position forever,” he said to the judges. “And I’m just happy you guys have given me this opportunity.” 

That brought it down to Savannah and Laura, two talented chefs who’ve been on a hot streak the past few episodes, but lost their footing at the end. 

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This week, Savannah’s dishes were uninspired and Laura’s just had too many flaws. 

For Laura, who’d won her way back into the competition from Last Chance Kitchen, her journey on “Top Chef” would end. 

“I feel good to be part of this,” she said after Kish asked her to pack her knives and go. “To have an opportunity to work with amazing chefs, to learn from other people, to get feedback from Kristen and from Tom and from Gail. To see the evolution of me as a chef.” 

Savannah would join Danny and Dan in the finale. 

But the energy had been sucked from the room. The chefs had reached a major milestone, but their subpar dishes had shaken their confidence and stripped away any sense of celebration they’d earned. 

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“You should feel good about this,” Colicchio said. “And I know why you don’t: You didn’t do your best work today. I get it, but you have an opportunity to make it up.” 

Kish, who’d stood in their chef’s coats on “Top Chef” before, urged the chefs to relish the position they were in. 

“It’s a fantastic moment that you are going to remember forever,” she said through tears. “So have fun with it, truly. It’s really amazing.” 

The whole room got emotional as the weight of the moment sank in. 

Next week, Dan, Danny and Savannah will compete in the “Top Chef: Wisconsin” finale, one of them taking home the title for the season. 

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They’ll be joined by six eliminated contestants: Amanda, Michelle, Soo, Manny, Laura and Kaleena, who will partner with the top three as sous chefs, helping them cook a multi-course meal that will determine who will win the competition. 

This is the point where I need to chime in and say I am a giant fan of all three contestants. Danny’s talent and artistry have been awe-inspiring from the start. And I’ve loved cheering on “underdog” Savannah as she’s risen and proven herself as an exceptional chef. 

But, c’mon. I live in Milwaukee. Of course I’m going to be a homer. 

Dan all the way, baby! He’s been such a fantastic representative for our city and state and it’s been so exciting to watch our hometown chef realize his yearslong dream. 

“I’m on the cusp of being the next Top Chef,” he said as the credits rolled. “I’m happy to represent my city of Milwaukee, I’m happy to represent the state of Wisconsin. Let’s go.” 

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How to watch ‘Top Chef: Wisconsin’: TV channel, streaming    

Viewers can watch live on Bravo on Wednesday nights at 8 p.m. or stream the next day on Peacock, BravoTV.com or the Bravo app. 



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Wisconsin

Search for Wisconsin 3-year-old Elijah Vue nears four months

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Search for Wisconsin 3-year-old Elijah Vue nears four months


TWO RIVERS, Wis. (WFRV) — It’s been nearly four months since 3-year-old Elijah Vue disappeared in Northeastern Wisconsin.

Vue has been missing since February and was said to have last been seen at the Two Rivers home of 39-year-old Jesse Vang, who was in a relationship with Vue’s mother, Katrina Baur.

Search efforts by authorities and community volunteers have continued since Elijah’s disappearance, with little progress. In March, Vue’s blanket was found, but additional discoveries have been limited.

Still, Two Rivers Police have continued to provide updates on their investigation, including the latest, posted on Monday.

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Police Chief Ben Meinnert confirmed Vue has not been found and spoke out about recent rumors that have surfaced on social media claiming the boy has been found.

“The spreading of false and misleading information is disrespectful to the family of Elijah and detracts from our efforts in locating him,” added Chief Meinnert. “We remain the sole source of factual information in this investigation and will release more information and updates when they are available to share.”

Meinnert continued, saying the department’s search efforts are ongoing, including additional drone searches. Future search efforts will focus on the water, using sonar searches and assistance from Bruce’s Legacy, a volunteer organization.

The FBI and state, county, and local agencies are also following up on leads within Wisconsin and around Two Rivers, the Wisconsin Dells, and Portage. Investigators are still analyzing an “extremely large amount of video and other data.”

Meinnert encouraged the community to participate in “coordinated and legally permissible search efforts for Elijah.”

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“We will continue a variety of search efforts in our attempts to locate Elijah,” said Chief Meinnert. “We, like many of you, want to find answers and are working hard to do so. We believe in transparency and keeping everyone up to date with facts. We will share facts as much as we are able and as timely as we can when new information is present, but please understand that we cannot jeopardize any portion of the ongoing investigation. We remain committed to investigating the circumstances regarding the disappearance of Elijah.”

No additional details were provided.

A combined $40,000 in rewards is being offered in the search for Elijah.

Anyone with information is asked to contact the Two Rivers Police Department tip line at 844-267-6648.

What happened to Elijah Vue?

Elijah Vue was reported missing on Feb. 20. He was allegedly last seen by Jesse Vang, 39, inside Vang’s residence in Two Rivers, about 40 miles southeast of Green Bay. Vang is reportedly in a relationship with Elijah’s mother, Katrina Baur.

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On the day Elijah went missing, Vang claimed he saw Elijah asleep as he got his own son ready for school. Vang says he later went back to bed. When he awoke, he said he found Elijah had disappeared. Vang reportedly told authorities he had locked the door, including using the doorknob lock, a deadbolt and a security chain.

According to a criminal complaint obtained by Nexstar’s WFRV, Vang had been trying to help Baur correct Elijah’s “bad behaviors.”

Baur, 31, of Wisconsin Dells, reportedly told authorities that Elijah had been in the care of Vang for about a week. She allegedly described Vang as the “enforcer of rules” in the relationship and said she sent Elijah to stay with him to learn how to “be a man.”

A criminal complaint also alleged neglect by both Baur and Vang, citing photographic evidence that appeared to show bruising on Elijah’s jaw, neck, side and arm. Authorities also found text messages between Vang and Baur that appeared to reference making Elijah “fear” Vang.

Baur, who was charged with chronic child neglect and obstructing an officer, entered a not-guilty plea in March. She is scheduled to appear in court on Thursday for a status conference, online records show.

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Vang, charged with one felony county of party-to-a-crime child neglect, has also entered a not-guilty plea. He is scheduled to appear for a status conference in late June.



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Wisconsin Dem fighting re-election battle under fire for blasting same tax loopholes exploited by her partner

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Wisconsin Dem fighting re-election battle under fire for blasting same tax loopholes exploited by her partner


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Wisconsin Democratic Sen. Tammy Baldwin has a long history of criticizing tax loopholes for the rich, despite her partner’s career reportedly helping ultra-high-net-worth clients pay less in taxes.

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Labeled by Morgan Stanley as one of its “private wealth advisors,” Maria Brisbane, Baldwin’s partner since 2018, works to deliver “tax minimization strategies” for her clients at the firm.

Brisbane’s work, as well as how it stands in contrast to Baldwin’s own preaching about wealthy Americans using tax loopholes to avoid paying their fair share in taxes, was first highlighted in a report by the Washington Examiner on Tuesday.

On Tax Day this year, Baldwin and two other Democrats in the upper chamber introduced the Carried Interest Fairness Act in an effort to eliminate the “carried interest tax loophole and make wealthy fund managers pay what other American workers do,” according to an April press release.

TRUMP THROWS SUPPORT BEHIND REPUBLICAN BUSINESSMAN LOOKING TO FLIP WISCONSIN SENATE SEAT: ‘GO OUT AND WIN’

Sen. Tammy Baldwin, D-Wisc., speaks during the WisDems 2024 State Convention on June 08, 2024 in Milwaukee, Wisconsin. (Daniel Boczarski/Getty Images for The Democratic Party of Wisconsin)

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“Hardworking Wisconsin families should not be paying more in taxes than the wealthiest Americans. But right now, our tax code has loopholes that allow super wealthy hedge fund managers to avoid paying their fair share,” Baldwin said at the time. “By closing the carried interest loophole, we’ll make our tax code fairer for working families, cut the deficit, and ensure that those at the top of the food chain aren’t exploiting the system to further enrich themselves.”

Brisbane, who was named to Forbes’ “America’s Top Women Wealth Advisors” list in February, has worked alongside private wealth adviser Alex Zachary at Morgan Stanley since early 2024. Their practice, the Brisbane Group, previously operated under Merrill Lynch’s “private wealth management unit focused on ultra-wealthy clients,” according to a January report by Advisor Hub.

“The Brisbane Group is focused on helping Ultra High Net Worth individuals, families, and not-for-profit organizations create customized investment strategies with a focus on custom tailored equity portfolios,” Morgan Stanley states on its website.

Additionally, Morgan Stanley touts the firm’s private wealth management division, which is “dedicated to serving the firm’s most affluent clients, including some of the world’s most accomplished entrepreneurs, executives and stewards of multigenerational wealth.”

Based in New York, the multinational investment bank and financial services company touts its wealth management division’s offering of “investment opportunities spanning private equity, private credit, real assets, hedge funds and more.”

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SEN. TAMMY BALDWIN REPAYS TAXPAYER-FUNDED NOVEMBER 2020 NYC TRIP TO SEE PARTNER

Sen. Tammy Baldwin

Sen. Tammy Baldwin, D-Wis., speaks during a hearing on Capitol Hill on April 20, 2023, in Washington. (AP Photo/Alex Brandon, File)

In February 2022, Baldwin targeted “activist hedge funds,” saying they “promote short-term gains at the expense of workers, taxpayers and local communities.”

The Tuesday report from the Examiner also included a comment from the Wisconsin Republican Party, which took aim at Baldwin and Brisbane:

“Baldwin and Brisbane are enriching themselves by helping out-of-state clients avoid paying their taxes,” Matt Fisher, a Wisconsin Republican Party spokesman, told the outlet.

Regarding Baldwin’s past comments and Brisbane’s work at Morgan Stanley, Baldwin’s campaign insisted the senator’s record “speaks for itself.”

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“Tammy Baldwin has been a leader in the fight to ensure the wealthiest Americans pay their fair share for years … Attacking Tammy Baldwin for her partner’s work is baseless and wrong,” Andrew Mamo, a spokesperson for Baldwin’s Senate campaign, told Fox News Digital.

Baldwin’s campaign also pointed to legislation the senator has introduced or supported in recent years to address certain loopholes, including the Carried Interest Fairness Act, Paying a Fair Share Act, and the Billionaires Income Tax Act.

Eric Hovde in Green Bay, Wisconsin

Baldwin is expected to face off in the state’s Nov. 5 general election against Eric Hovde, her leading Republican challenger in the race. (Scott Olson/Getty Images)

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The report comes as Baldwin, who has represented Wisconsin in the Senate since 2013, seeks re-election to a third term in office. She is expected to face off in the state’s Nov. 5 general election against Eric Hovde, her leading Republican challenger in the race.

Baldwin’s campaign accused Hovde of refusing “to disclose his finances” and claimed he “worked to avoid taxes.” Additionally, the campaign highlighted Hovde’s efforts to self-finance his campaign and his investment in a hedge fund based in the Cayman Islands.

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Wisconsin's partial veto has stood for nearly a century. The Wisconsin Supreme Court will give it another look.

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Wisconsin's partial veto has stood for nearly a century. The Wisconsin Supreme Court will give it another look.


While dozens of other states have line-item vetoes, Wisconsin stands alone when it comes to the power it gives its governors through what’s known as the partial veto. Now, it’s up to the Wisconsin Supreme Court to decide whether it stays that way.

The state’s partial veto dates back to 1930, when concerns about state lawmakers adding multiple appropriation and policy items into what are known as omnibus bills came to a head. The Wisconsin Constitution was amended to give more power to governors to reject those items, one by one.

“Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law,” the new amendment read. 

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According to a study by the Wisconsin Legislative Reference Bureau, proponents believed governors needed a check on the new budgeting process. But opponents worried giving governors more veto authority extended the already broad powers of the executive branch.

When he was campaigning for governor, Phillip La Follette said the proposal to expand veto powers “smack[ed] of dictatorship.” The amendment was approved by around 62 percent of voters in 1930, and after he was elected, La Follette became the first governor to use it.

Nine times, the Wisconsin Supreme Court has heard challenges to the partial veto. The case now pending before the Wisconsin Supreme Court will make it an even ten.

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The Wisconsin Supreme Court on Wednesday, June 9, 2021, at the Wisconsin State Capitol in Madison, Wis. Angela Major/WPR

Evers used partial veto to extend school funding increase for 400 years

The latest challenge focuses on Gov. Tony Evers’ partial veto in the last state budget, which extended a school funding increase through the year 2425. It’s the latest of many attempts to restrict a veto power that a federal judge once described as “quirky.”

Evers’ partial veto last summer caught the Republican-controlled Legislature by surprise. By crossing out a 20 and a dash before he signed the state’s two-year budget, Evers authorized school districts to collect additional property taxes to fund a $325 per-pupil increase for more than 400 years. The Legislature intended the increase to expire in two years. 

Republican lawmakers were outraged. The GOP-controlled Wisconsin Senate voted to override Evers’ veto, but the Assembly never followed suit. 

The challenge the Wisconsin Supreme Court agreed to hear Monday, which was brought by the business lobbying group Wisconsin Manufacturers and Commerce, alleges Evers’ veto violates the state’s constitution. The first legal briefs are due by July 16.

Democratic and Republican governors have used partial vetoes extensively

Evers’ latest veto received national attention, but he was hardly the first Wisconsin governor to push the limits of the unique power.

Former Republican Gov. Scott Walker struck individual digits from dates written in the 2017 state budget to change a one-year moratorium on school referendums aimed at raising taxes for energy efficiency projects into a 1,000-year moratorium. The Supreme Court’s former conservative majority threw out a challenge to Walker’s veto because it was filed too late.

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Former Democratic Gov. Jim Doyle used his partial veto to combine parts of unrelated sentences in the 2005 budget to move more than $400 million from the state’s transportation fund into the general fund. That led to a constitutional amendment in 2008 at preventing future governors from using what became known as the “Frankenstein Veto.” 

With his first state budget in 1987, former Republican Gov. Tommy Thompson partially struck phrases, digits, letters and word fragments, using what was known as the “Vanna White” veto, to create new sentences and fiscal figures. The Supreme Court upheld Thompson’s partial veto, but in 1990, voters approved a constitutional amendment specifying that governors cannot create new words by striking individual letters. 

Gov. Tommy Thompson smiles during an interview
Gov. Tommy Thompson smiles during an interview in his office in the state Capitol on Thursday, Nov. 5, 1998, in Madison, Wis. Andy Manis/AP Photo

University of Wisconsin Law School State Democracy Research Initiative Attorney Bryna Godar told WPR governors have gotten creative with how they’ve used partial vetoes, “but we now have this very long standing practice that is really codified in state law.” 

Godar said even the constitutional amendments aimed at restricting a governor’s partial veto powers were — in some way — a stamp of approval from the Legislature.

“They didn’t completely do away with this,” Godar said. “If people really wanted that, you could argue that they could have amended the constitution to completely do away with this type of partial veto.”

Godar said it’s possible that current lawmakers don’t want to restrict partial veto powers too much in case the current political power structure of the Legislature and Governor’s office switch in the future. 

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Until 2020, Supreme Court generally allowed partial vetoes to stand

For as long as Wisconsin has had a partial veto, there have been lawsuits about how governors have used it.

The first came in 1935 and challenged the governor’s partial veto of an emergency relief bill, which approved funds but struck provisions related to how the Legislature wanted the money to be spent. The court upheld the partial veto so long as the remaining language equates to “a complete, entire, and workable law.”

Future courts upheld partial vetoes in 1936, 1940, 1976, 1978, 1988, 1995 and 1997. 

Things changed in 2020 when three of four partial vetoes by Evers in the 2019 state budget were struck down by the Supreme Court’s former conservative majority. But instead of a single majority opinion, the court issued what’s known as a fractured ruling. There were four opinions issued by justices that provided different tests for whether a partial veto can be constitutional.

Justice Brian Hagedorn, a conservative swing vote on the court
Conservative Justices Brian Hagedorn and Rebecca Bradley hear arguments in the Supreme Court Hearing Room in Madison, Wis., on Dec. 1, 2022. Coburn Dukehart/Wisconsin Watch

“Those vetoes in that case were pretty in line with what governors from either party have done in prior decades,” Godar said. “They weren’t a significant departure from how this has been used in the past, but the court struck down three of them.”

But not having a “unified majority opinion” in the 2020 case, Godar said the court didn’t offer clear reasoning on how governors can use the partial veto in the future. But that could change in the latest case challenging Evers’ veto.

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“I am really curious to see how the court rules in this case,” Godar said. “Because I think they will tell us a lot about what type of partial veto we will have going forward, and if it will continue to be this pretty broad, granular veto, or if it will be more based on subject matter.” 

Looking at the big picture, Godar said the question is whether the legislative and executive branches are “striking the right balance” of power. 

“And so, it is ultimately up to the Legislature and the people if they want to restrict it more significantly, which they could do in the future,” Godar said. 

Meanwhile, Republican lawmakers are pushing for another constitutional amendment in reaction to Evers’ latest veto. Earlier this year, the Legislature passed a proposed amendment aimed at keeping future governors from using the partial veto pen to “create or increase or authorize the creation or increase of any tax or fee.”

Before the new language can be added to the constitution, the measure must pass the full Legislature during the next legislative session and be approved by voters in a statewide referendum.

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