Matt Flynn wants to end Foxconn deal: Can he?

Matt Flynn says he’s the only Democrat running for governor that would end the state’s deal with Foxconn.

“Why four and a half billion dollars of our taxpayer money in a corner of the state that’s near the Illinois border," Flynn said. It’s going to be paid for by every county in the state.”

Governor Scott Walker says they money is worth good paying family jobs.

“Foxconn has to earn their tax credits based on actual investment in job creation," Walker said. "No jobs and investment, no credits.”

Foxconn has already started construction, but Flynn says he would be able to file a federal suit to end the contract because the state made special laws just for Foxconn.

“They’ve defined Foxconn as a certain kind of investment district, and they say there’s only one in the state, and that happens to be Foxconn, and they get all these benefits. Miller brewing doesn’t’ get them. Harley Davidson doesn’t get them.”

Constitutional lawyer David Lyle says companies get special environmental and tax laws all the time, but the state made a unique law change for Foxconn.

“If Foxconn loses a lawsuit, it can immediately go to the state supreme court.”

So any time a lower court determines Foxconn broke the law, that ruling doesn’t count, it goes straight to the conservative Wisconsin Supreme Court to decide.

Lyle says anyone making that argument  has a case, but it’s ultimately up to a federal judge.

“Normally when you look at if a case is constitutional, you look at what happened in similar cases. You can’t really do that here because there are no similar laws.

Flynn says if he’s elected in November,  he would hope to use Wisconsin’s attorney general to file a lawsuit, but if they won’t, he has private attorneys ready to go.