Feb 12, 2014

Look for Dismissal of Club for Growth Complaint Against Law Enforcement Probe into GOP Groups

Scott Walker posed at Operation Freedom
event. Walker's personal aides stole
from this fund meant for veterans. [Note to
Scott Walker: You really want this shot on
a TV spot when you run again for office?]
Update: Wisconsin politico Xoff makes another point for likely dismissal or withdrawal: "So the Club for Growth is now suing in federal court to try to stop a John Doe investigation into whether it and other conservative groups illegally coordinated their activity with Scott Walker's campaign. They could get more than they bargained for if the now-secret Doe material is used in court to defend the Milwaukee DA's office. Interesting that there are five county DAs involved but they are only suing John Chisholm's office. Also interesting that two of the five DAs are Republicans, so it makes the claim that this is some partisan witch hunt a little hard to believe. These are bully tactics by right-wingers who think they have enough money to do whatever they want. Hope they're wrong."

Hey, Eric O'Keefe and Club for Growth, don't get so upset at us because Scott Walker appointed crooks who embezzled from veterans, and then tried to stonewall the investigation into Operation Freedom, money purportedly to be used to honor veterans and their families; not to be promptly embezzled by Scott Walker's longtime aide, Tim Russell.

Reading the complaint filed in federal court against the Wisconsin John Doe judge, prosecutors and investigators one can see that the complaint's specific items amount to little more than whining that the Club for Growth and Republicans are roundly disliked in Wisconsin, so they should be immune from the law enforcement tool known as the John Doe probe.

The heavily redacted complaint reads that District Attorney John Chisholm is a Democrat; Dean Nickel is a Democrat; and so on is a Democrat [no mention is made of the two Republican District Attorneys also conducting the probe) and Scott Walker is intensely unpopular, therefore investigating under Wisconsin's John Doe statute, Wisconsin statute 968.26, is an unconstitutional infringement of the Club for Growth and Eric O'Keefe's First and Fourteenth Amendment freedoms.

The arguments are a joke.

The complaint also asserts that the investigation into Scott Walker's Operation Freedom that found more instances of criminality that led to other criminal convictions and the probe's broadening "exponentially," [the Club for Growth really should look up that word as it does not apply here and federal court is not the forum for hyperbole], even "breathtakingly broad."

That's pretty broad, but it should be noted the John Doe probe gathered evidence and testimony that led to six people being criminally convicted with no claims of innocence on their part.

No argument is made that the John Doe statute has been procedurally implemented in an unsound manner, other the unsupported political assertion that the "Milwaukee County Attorney's [sic] Office Is Biased Against Walker and the Budget Repair Bill (of 2011)."

The complaint is more a long op-ed screed than a complaint in federal court.

Look for the complaint to get tossed even by the like of Federalist Society hack, Rudoph Randa.

And by the way, if evidence and testimony point to possible criminality and lead to new directions as probes do, under the supervision of the presiding judge the law enforcement entity in the John Doe probe can expand the scope of the investigation.

Look at the plain language of the John Doe statute:

968.26 John Doe proceeding.
(1) If a district attorney requests a judge to convene a proceeding to determine whether a crime has been committed in the court's jurisdiction, the judge shall convene a proceeding described under sub. (3) and shall subpoena and examine any witnesses the district attorney identifies. ...

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