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Wisconsin protesters vacate Capitol after judge orders them out

Protesters vacated the Wisconsin Capitol late Thursday after a judge ordered the building closed at night following the discovery of bullets outside.
Image: Judge Orders Activists To Vacate Wisconsin Capitol
Protesters celebrate as they walk out of the Wisconsin State Capitol on Thursday after a judge ordered the building cleared at night but the lifting of access restrictions during normal business hours.Justin Sullivan / Getty Images
/ Source: NBC, msnbc.com and news services

About 50 protesters vacated the Wisconsin Capitol late Thursday about two hours after a judge ordered the building cleared at night.

State officials said the entire area should be searched because 41 bullets were found outside earlier Thursday, the 17th day of a sit-in over collective bargaining rights.

Also Thursday, Gov. Scott Walker said he would issue layoff notices to 1,500 state workers Friday if a proposal that would cripple public unions isn't approved.

The judge's order led to a sometimes tense two hours as police and the attorney who presented the unions who fought the policy to restrict access to the building urged them to leave peacefully.

Police did not say whether there were stragglers but noted there were no arrests.

State attorneys revealed the discovery of bullet during a hearing in Dane County Circuit Court, where unions were asking the judge to lift restricted-access rules that have been in place since Sunday and swing open the doors to the public. State attorneys cited the ammunition while suggesting the building should instead be closed for a security sweep.

Judge John Albert issued an oral ruling Thursday night that protesters who have remained in the building after closing time should be removed as soon as authorities believe they can do so with minimum risk of injury to protesters or police.

The judge also ruled that the state violated constitutional protections for free speech and assembly by restricting access to the building. He ordered the administration to re-open the building to the general public by 8 a.m. Monday, allowing for a permitting process that limits the times and places where rallies can be held.

Albert was expected to issue a written ruling later Thursday night.

About the time that Albert issued the oral ruling, a group of protesters who had been parading on State Street managed to get slip inside the building and were confronted by police who were prevent them from getting into the Rotunda, NBC News reported.

Walker threatened the layoffs if Democratic senators who left the state to stymie his union plan did not return. Because the Democrats fled to Illinois, the chamber doesn't have a quorum.

While Walker said he is actively working with some of the Democrats in hopes of striking a deal, he told the AP he won't compromise on the collective bargaining issue or anything that saves the state money.

"I can't take any of that off the table," he said. "We cannot tear apart this budget. We cannot put this burden on local governments. But if there are other ways they are willing to work with us to find a pathway back, I think that's what people want."

Democratic Senate Minority Leader Mark Miller confirmed there were talks with Walker, but he did not think they were close to reaching a deal.

Walker's budget proposal hinges on the state saving $330 million over two years by forcing state workers to pay more for their benefits. He's also cutting aid to schools and local governments by about $1 billion, reductions he says they can't handle without the freedom he gives them through eliminating nearly all collective bargaining with public workers.

Walker said he has to issue the layoff notices starting Friday so the state can start to realize the $30 million savings he had assumed would come from the state worker concessions contained in the bill. The layoffs wouldn't be effective for 31 days, and Walker said he could rescind them if the bill passed in the meantime.

All state workers, except those in prisons, state hospitals and other facilities open around the clock, would be potential layoff targets, he said.

"We'll prepare them, let them out by the end of the day," Walker said. "I pushed it off as long as I could ... I do not want to have layoffs."

As for the Senate Democrats, Walker said he was talking with some of the "more reasonable members" about a deal that could get them to come back.

"I'm still cautiously optimistic we can get this done," Walker said. "I think we're close, but the problem is we thought we were close the past couple days."

The Republican leader of the state Senate signed orders finding the 14 AWOL Democrats in contempt and allowing the chamber's sergeant at arms to use police force to detain them if necessary. Senate Majority Leader Scott Fitzgerald says his orders are only binding should the senators return to Wisconsin.

The Senate passed a resolution earlier in the day setting a 4 p.m. deadline for the senators to appear at the chamber. When none of them did, Fitzgerald signed the orders in dramatic fashion — in the center of the Senate chamber. State patrol officers watched silently from the gallery as Fitzgerald signed the orders executing the order.

The Wisconsin Professional Police Association, a union representing 11,000 law enforcement officials from across the state, released a statement from its director Jim Palmer slamming the Senate Republicans' resolution to go after the Democrats.

"The thought of using law enforcement officers to exercise force in order to achieve a political objective is insanely wrong and Wisconsin sorely needs reasonable solutions and not potentially dangerous political theatrics," Palmer said.

Marquette University Law School professor Dan Blinka said no matter how it's described, the resolution calls for what amounts to an arrest that would have to be justified under the law. If it's found unconstitutional, any action taken by the senators after they were forced to return could be invalidated, Blinka said.

The bullets were discovered Thursday morning scattered at several locations outside the Capitol, University of Wisconsin Police Chief Susan Riseling testified at the court hearing.

"I don't like to see live ammunition outside when I have significant crowds," Riseling said. "You can't do much with live ammunition without the gun, but the presence of it doesn't thrill me."

Riseling said police were conducting a sweep of the bushes and grassy areas in search of any more ammunition. No guns were found.

Union attorney Peggy Lautenschlager said in court that the request to close the Capitol was an overreaction to the discovery of the ammunition.

"For all we know somebody planted them there — we don't know if it was a protester," she said.