Did you know? The Patriot Post is funded 100% by its readers. Help us stay front and center in the fight for Liberty and support the 2024 Year-End Campaign.

July 20, 2015

Wisconsin Witch Hunt Goes Down in Flames

The state Supreme Court gave a thorough smackdown.

In Wisconsin, the “John Doe II investigation” undertaken against Governor and now-presidential candidate Scott Walker and his supporters by Milwaukee district attorney John Chisholm, a partisan Democrat hack, has been thoroughly repudiated by the Wisconsin Supreme Court.

“To be clear, this conclusion ends the John Doe investigation because the special prosecutor’s legal theory is unsupported in either reason or law,” the Court stated. “Consequently, the investigation is closed. Consistent with our decision and the order entered by Reserve Judge [Gregory] Peterson, we order that the special prosecutor and the district attorneys involved in this investigation must cease all activities related to the investigation, return all property seized in the investigation from any individual or organization, and permanently destroy all copies of information and other materials obtained through the investigation. All Unnamed Movants are relieved of any duty to cooperate further with the investigation.”

The Court then leveled both barrels at special prosecutor Francis Schmitz, who had targeted Walker and 29 conservative groups, based on the theory that these groups had illegally coordinated their activities during recall campaigns of Walker and other Republican legislators. In reality, all of them were targeted for supporting Act 10, which curtailed the power of public service employee unions. “The special prosecutor has disregarded the vital principle that in our nation and our state political speech is a fundamental right and is afforded the highest level of protection,” the Court stated. Even more damning, the Court excoriated the special prosecutor’s “theories,” explaining they “would assure that such political speech will be investigated with paramilitary-style home invasions conducted in the pre-dawn hours and then prosecuted and punished.”

And that’s exactly what happened to those entangled in the second effort to bring Walker down following Democrats’ failure to remove the governor in the recall election in 2012. In April, National Review’s David French documented the Gestapo-like tactics employed by these would-be totalitarians, who conducted raids in which dozens of police equipped with battering rams surrounded and ransacked homes, seizing personal computers and other family belongings. And on the way out, these government invaders issued a warning to everyone involved: Don’t utter a word to anyone about what happened, because a gag order is in place.

Despite that ostensible confidentiality, at least one of the families raided by these thugs had their names leaked to the media.

One of the targeted groups, Wisconsin Club for Growth (WCFG) and its founder Eric O'Keefe, fought back, filing a lawsuit in Waukesha County Circuit Court for himself and on “behalf of others similarly situated.” He alleged prosecutors violated his First Amendment rights and that Wisconsin’s Government Accountability Board (GAB) backed that effort using powers they didn’t have. At the state level, Judge Gregory Peterson, who replaced Judge Barbara Kluka after she recused herself without offering a reason, sided with O'Keefe and blocked multiple subpoenas. Peterson’s ruling prompted O'Keefe to file suit against Chisholm and a number of additional defendants in federal court. When U.S. District Judge Rudolph Randa granted a preliminary injunction halting the investigation, and hammered prosecutors “for exercising issue advocacy speech rights that on their face are not subject to the regulations or statutes the defendants seek to enforce,” the Seventh Circuit Court of Appeals dismissed the case on appeal. They claimed the federal Anti-Injunction Act did not allow them to issue injunctions in some state court-related cases. An appeal to the United States Supreme Court followed, but SCOTUS declined to hear it.

Now all of these various machinations have been rendered irrelevant. That’s because the Wisconsin Supreme Court used the state constitution to nix this partisan witch hunt. And since that Court gets the final say on what the state constitution requires, the 4-2 ruling quashes further federal involvement.

The ruling infuriated Schmitz, who had tried to tilt the Court in his favor in February when he insisted that Judges Michael Gableman and David Prosser recuse themselves because they had received campaign contributions from the groups under investigation. They refused, and Court rules say political spending on its own is insufficient to force a judge’s recusal.

Schmitz took yet another hit when the Court lauded O'Keefe and company for pursuing justice — and hammered the special prosecutor yet again:

“Our lengthy discussion of these three cases can be distilled into a few simple, but important, points. It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing. In other words, the special prosecutor was the instigator of a ‘perfect storm’ of wrongs that was visited upon the innocent Unnamed Movants and those who dared to associate with them. It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution. Further, these brave individuals played a crucial role in presenting this court with an opportunity to re-endorse its commitment to upholding the fundamental right of each and every citizen to engage in lawful political activity and to do so free from the fear of the tyrannical retribution of arbitrary or capricious governmental prosecution. Let one point be clear: our conclusion today ends this unconstitutional John Doe investigation.”

One need only imagine what might have happened if these innocent citizens didn’t have the wherewithal to challenge this blatant abuse. As Prosser wrote, the subpoenas were “so extensive that they make the fruits of the legendary Watergate break-in look insignificant by comparison.”

Todd Graves, the attorney who represented O'Keefe and the WCFG, said more litigation was possible, indicating that exposing how this investigation was conducted takes precedence over monetary damages. “Sometimes,” Graves said, “embarrassment is more important than money.”

Perhaps, but embarrassment is insufficient as well. The public intimidation of innocent people, the concomitant attempt to destroy their reputations as a “message” to other would be donors and the attempt to criminalize free speech demands justice. A vigorous investigation of the John Doe investigators is a great place to start.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.