Sep 9, 2014

Reversal Is Likely of Judge Randa's Ruling on John Doe Probe

In oral arguments today, Judge Diane Wood and Frank Easterbrook both dismissed major elements of two cases cited of the Wisconsin Club for Growth's Eric O'Keefe's attorney and the rationales behind a federal judge's involvement in the Wisconsin John Doe-law enforcement probe of Scott Walker and coordination among Walker, the Walker campaign and third party groups.

Legal scholar Rick Hasen writes a reversal of Judge Rudolph Randa's May 6 ruling halting the probe is likely.

The Randa May 6 ruling can be found here.

Judge Wood challenged the attorney for the rightwing group for whom Randa ruled, "Should a federal court step in and enjoin a state," (57-minute, 50-second of mark of Eric O'Keefe v. John Chisholm (14-1822)) a sentiment and stated skepticism immediately echoed by Judge Easterbrook.

Then, minutes later Easterbrook asked: "Let me tell you what the problem is. If what your client has done is simply not illegal under Wisconsin law at all, why should a federal court issue a [federal] constitutionally based injunction?"

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