FBI/MPD still investigating November 2, 2004

I just confirmed with the City of Milwaukee Election Commission that the office of the federal prosecutor still has physical custody of the the election records for the November 2, 2004 election.

Also According to officer Saxon (I am pretty sure), the investigation is proceeding and the thus the records are not available.

It is the position of the Joint Task Force the material seized from the City of Milwaukee Election Commission, as possible evidence, falls outside of the definition of a "record" until the Joint task force release custody.

This is at variance with the WI 19.32(2) as written or case law which states "must keep" records must be turned over to a requester even if the record custodian does not have physical custody of the requested record.

But, do I want to pick this fight for the EB-104's I want?