Feb 20, 2014

Scott Walker Exceeds Probable Cause for Criminality and Venality

Wisconsin John Doe probe is testimony to
our faith in the Rule of Law
Update: A corrupt U.S. District Judge Rudolph Randa steps in and orders halt to John Doe probe.
Last October, Scott Walker refused to engage a question about the John Doe II probe and offered an evasive statement, "We expected that with a new Democrat candidate for governor in the race that there would be stories like this along the way." (Milwaukee Journal-Sentinel) and (WPR)

No Wisconsin journalist expects a straight answer from Scott Walker anymore, something the nation is now finding out as another republican mentioned as a presidential candidate has fallen in a spectacular fashion.

Right about now, it can be said with certainty that Scott Walker did not expect the myriad stories after the court-ordered release of some 27,000 documents reveals the depravity and duplicity of his former top aides and him in black and white.

Walker is now drawing unfavorable comparisons to Chris Christie, and it won't be long before national Republicans begin to walk away from Walker with the same urgency they now employ in avoiding Christie.

Not that this white flight matters a great deal in this post-Citizens United era in which billionaires determine who the Republicans nominate for president, and not GOP politicos or voters.

Now that a fraction of emails from Walker's secret and illegal email system used to campaign in the offices of Milwaukee County has been released, Walker and his administration are equally evasive about John Doe I as about John Doe II: "The recently released communications of a county staffer from several years ago are part of a legal process that was completed early last year,' said Jonathan Wetzel, the spokesman. "Governor Walker is confident that during that legal process, these communications were thoroughly reviewed by the authorities." (Davey, Yaccino. NYT)

Wetzel's two former two predecessors have been granted criminal immunity, and 15 criminal convictions resulted, including Walker's top aides, with no claims of innocence from this "legal process" referenced by Walker.

Yet, one wonders if Walker truly expects this New York Times report as well, as he claimed last year:

The (court-ordered) messages showed how actively Mr. Walker’s campaign coordinated with county workers in 2009 and 2010, when he was running for governor. They shared emails about the proper wording of campaign news releases. They exchanged emails on county time promoting a birthday fund-raising event for the campaign. Some used private email accounts to communicate even, apparently, with Mr. Walker, according to an email from the county’s administrative director, who at one point advised a colleague to do the same, adding imprecisely, “Consider youself [sic] now in the ‘inner circle.’ ” And plans for a daily conference call, the newly released emails show, included members from both his campaign for governor and his county executive staff.
As noted here, John Doe I began after Walker and his aides stonewalled investigators looking into missing money embezzled from an event honoring veterans, and law enforcement investigators subsequently found a criminal political racket run by Walker.

Stealing from veterans was later found to exceed $10,000s by two perpetrators with no veteran advocacy experience, both of whom were appointed by Scott Walker.

Walker did not bring anybody else with him to the governor's office from his tenure of Milwaukee executive so his line that the governor's office is not staffed with convicted felons is meaningless.

On "May 5, 2010, Assistant District Attorney Bruce Landgraf filed a petition with court officials asking if his office could initiate a secret investigation into what happened with $11,000 in donations intended for Operation Freedom, an annual event honoring veterans," that was staffed with Walker appointees, reported Dan Bice. That's how this criminality that is Scott Walker and his aides began.

After the Milwaukee DA failed to bring charges against Scott Walker, and the DA implied the John Doe probe was a mini-trial requiring guilt beyond a reasonable doubt to move forward, many wondered why the John Doe proceedings did not result in Walker being charged.

With Walker now implicated in black and white, foiled by his own illegal email router system he personally used for electioneering, Walker may have a tougher time escaping criminal charges no matter how much money his billionaires pay Walker's criminal defense fund in exchange for Walker doing their bidding as Wisconsin governor.
Checking with jurists the past couple of years, without exception the belief is that Wisconsin statute 968.26, the John Doe statutory authority in Wisconsin, is a law enforcement tool used to establish probable cause, a standard or quantum of evidence typically sufficient to bring criminal charges.

Ask a black man in Milwaukee if probable cause is sufficient to convict him, and the reply is likely, 'no.' Just being black is sufficient.

But Scott Walker and his contributors are recipients of billionaires' treatment under the law.

The Wisconsin BenchBook reads in part regarding John Doe Proceedings:

"Proceeding to determine whether crime committed and by whom." ...
D. "Must conduct self as neutral detached magistrate in determining probable cause [47.47.]

Still, the prevailing consensus appears to be that in Wisconsin John Doe probes, determining whether to bring criminal charges is up to the prosecutor and supervising judge, who employ a standard of proof that is not clear.

As the late Wisconsin Supreme Court Justice John Coffey (1978-1982) wrote in Wisconsin v. Hooper, (No. 79-1580-CR.) (Supreme Court of Wisconsin) (April 29, 1981):

"(P)rosecuting attorneys possess broad discretion in determining whether or not to charge a defendant and thereby initiate criminal proceedings," and DAs enjoy "quasi-judicial prosecutorial discretion;" hence the enormous pressure brought to bear on the current John Doe judge, Judge Gregory A. Peterson, and the five bipartisan district attorneys whose probe is facing legal challenge in federal court and Wisconsin's Supreme Court from forces with seemingly unlimited financial resources.

The Koch-funded GOP front groups such as the Wisconsin Reporter have been attempting to apply political pressure to the John Doe proceedings as well.

It's not just prosecutorial discretion that will decide John Doe II, but also jurists able to withstand the pressure brought to bear by the huge-moneyed interests supporting Walker.

The courage of John Michael Doar and Robert H. Jackson is needed against this challenge to the rule of law supported also by hateful and bigoted political movements, the most prominent of which are underground.

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