GOP's AG Joins Cover-up of Scott Walker, Corrupt Court

Wisconsin Is Turing into Corrupt Banana Republic

Update: See also Opoien, The Capital Times.

To no one's surprise Wisconsin Attorney General Brad Schimel (R) has said 'yes, destroy or return all seized material related to the investigation of Scott Walker campaign's illegal collusion.'

In a polemical Dec. 8, 2105 press release Schimel maintains the pretension the Wisconsin Supreme Court, the Wisconsin Attorney General, the Wisconsin gerrymandered legislature and Scott Walker are all independently reaching the same conclusion that investigating Scott Walker is a "long, unfortunate chapter in Wisconsin's history."

The reformist and now repealed John Doe statute was used to expose misconduct in public office in Scott Walker's office while serving as Milwaukee County Executive.

A subsequent John Doe investigation found Walker was at the center of a criminal scheme, (Marley, Bice and Glauber, Milwaukee Journal-Sentinel).

Schimel like other Republicans does not want more public exposure of the criminal scheme, or federal litigation of the Court's John Doe decision protecting Walker to blow back on the partisan Court and Walker's allies and donors who happen to be the same special interests.

The Wisconsin DoJ press release is reproduced below:

AG Schimel: John Doe II Should End 

Tuesday, December 8, 2105

The Wisconsin Supreme Court has issued yet another decision in John Doe II, the protracted and secret investigation into whether a political group exercising free political speech rights improperly coordinated with Governor Walker during the recall election. For the second time this year, the Wisconsin Supreme Court directed that the John Doe proceeding be halted based upon the Court’s conclusion that prosecutors did not have a legal basis to investigate these political groups when they commenced John Doe II. The Court found that campaign finance statutes upon which the prosecutors relied violate free political speech rights guaranteed by both the United States Constitution and the Wisconsin Constitution. 

Thus, the Court said that the matter is closed, and the evidence seized through subpoenas and search warrants issued as part of the investigation must be returned. That has not yet occurred, and the owners of that property are understandably upset. 

The special prosecutor has indicated that he intends to appeal. The only level of appeal left is to the Supreme Court of the United States (SCOTUS), but it is very unlikely SCOTUS would take the case. In the unlikely scenario that SCOTUS were to accept the case, it would more than likely uphold the Wisconsin Supreme Court's decision. 

I write because I have indirectly been asked as Wisconsin Attorney General to intervene on behalf of the John Doe targets. The Wisconsin DOJ played a role in the proceedings before the Wisconsin Supreme Court, although it was not a leading role. DOJ represented the judge who was assigned to John Doe II after the initial judge recused herself. The new judge quashed subpoenas issued in the John Doe proceeding, finding that the special prosecutor's theory of the case was not supported by Wisconsin law. The special prosecutor appealed that ruling, and DOJ represented the judge in the Wisconsin Supreme Court. 

Last week, the Wisconsin Supreme Court again ordered that the seized evidence be returned to its owners. Given that DOJ represented the judge who first found that the John Doe proceeding was invalid, DOJ certainly has no intention of standing in the way of those orders. The Supreme Court’s order should be carried out forthwith. DOJ has no authority to represent those individual property owners in their effort to enforce the Supreme Court’s order. 

This has been a long, unfortunate chapter in Wisconsin's history. The courts have unequivocally rejected the John Doe investigation, both in the manner in which it was carried out, as well as the legal arguments brought by the prosecutors. The Wisconsin Supreme Court has now ordered that the property seized be returned. For everyone involved, the special prosecutor should end the case, and the property seized from the individuals in this case should be returned immediately. 

Wisconsin Supreme Court GOP Majority—Venal Corruption Rules

Judicial Act of Corruption Protects Scott Walker and GOP Court Bloc from Scrutiny

The corrupt Republican Party bloc on the Wisconsin Supreme Court—Chief Justice Patience D.Roggensack, Justice David T. Prosser, Jr, Justice Annette Kingsland Ziegler and Justice Michael J. Gableman—removed any doubt the Wisconsin Supreme Court is simply an extension of the Republican Party this week.

Wisconsin's top appellate court has become a lawless institution, unconstrained by ethics and acting to protect Wisconsin's most corrupt governor and political machine in the state's history.

The text of an unsigned [per curiam] opinion (and Justice Shirley S. Abrahamson's dissent and opinion) is linked ahead: John Doe Proceeding State of Wisconsin ex rel. Three Unnamed Petitioners, Petitioner, v. the Honorable Gregory A. Peterson, John Doe Judge, the Honorable Gregory Potter, Chief Judge and Francis D. Schmitz, as Special Prosecutor, Respondents.

Brendan Fischer has a keen analysis at PRWatch.

Writes Fischer:

On Wednesday, the Wisconsin Supreme Court's majority contorted itself to find a new way to protect both Scott Walker and the Court's biggest supporters--not to mention itself--following its decision in July rewriting the state's limits on money in politics and ending the 'John Doe' investigation into Walker's campaign coordinating with dark money groups.

Wednesday's ruling was supposed to be a straightforward decision on a motion to reconsider, in light of additional evidence that Walker and his allies had violated the campaign finance laws that the Court upheld in July.

The Court denied that motion, but then (in a lengthy unsigned [per curiam] opinion) went further, rewriting its July decision to fire the Republican Special Prosecutor who had led the investigation, Francis Schmitz, making it harder for him to challenge the justices' conflicts-of-interest by appealing the case to the U.S. Supreme Court. [per curiam pp. 1-29]

In a different era, such a decision would bring bipartisan outrage. Today, the Republicans and Scott Walker's corruption is blatant, openly displayed as temporary political power has gone to the heads of the mediocrities holding it.

Writes Justice Shirley S. Abrahamson in dissent: "In terminating the authority of the Special Prosecutor, the per curiam unfairly leaves the prosecution and the State unrepresented from this date forward and deprives the Special Prosecutor, prosecutors, and law enforcement of the opportunity to preserve materials from destruction," (p. 47).

The Wisconsin law enforcement officials who routinely back Court and other political candidates during campaign season in an unsavory practice will not object to the Court's naked overreach decimating the public integrity check by Wisconsin Constitutional law enforcement officers.

Of note, to call out Roggensack-Prosser Jr.-Kingsland Ziegler-Gableman bloc as corrupt would be an ethical breach for a Wisconsin attorney, violative of (Wisconsin Supreme Court Rule) SCR 20:8.2 Judicial and legal officials.

Nothing in Wisconsin, no institution, no agency, no commission is safe from the corrupt and power-mad Republican Party of Wisconsin's corruption.

No time for lay officials to be silent.

Scott Walker's Corruption Problems Have Staying Power

Joel Bleifuss at In These Times pens a piece today serving as a reminder that no matter what Scott Walker and his four allies on the Wisconsin Supreme Court want, the Republican partisans halting a criminal investigations into criminal activity by Walker is in itself a stain on Walker's run for the presidency.

Because the probe into Walker's criminal scheme is headed for the federal court system, Wisconsin's top criminal in the governor's office cannot wish away the "provision [of the criminal code] that prohibits coordination between candidates and advocacy groups."

Both politically and legally, the John Doe probe is here to stay during Walker's time in the national spotlight.

John Doe special prosecutor Francis Schmitz asked the Wisconsin Court to stay its corrupt decision in a procedural move that is a sure sign Schmitz will pursue his case through federal district court, the Court of Appeals for the Seventh Circuit, and ultimately the U.S. Supreme Court.

Walker may ultimately wish he took the deal his campaign's attorney cut last year, until Walker's bosses killed the idea. (Mal Contends) (Stein, Marley and Glauber, Milwaukee Journal-Sentinel) (Wall Street Journal) (PRWatch)

Scott Walker's Aversion to Wisconsin Election Law

Scott Walker governs by secret, campaigns by secret and raises money by secret.

Will raising money secretly and illegally finally kill this odious unlawful actor?

Wisconsin Stat § 11.0001(1)

"The legislature finds and declares that our democratic system of government can be maintained only if the electorate is informed. It further finds that excessive spending on campaigns for public office jeopardizes the integrity of elections. It is desirable to encourage the broadest possible participation in financing campaigns by all citizens of the state, and to enable candidates to have an equal opportunity to present their programs to the voters. One of the most important sources of information to the voters is available through the campaign finance reporting system. Campaign reports provide information which aids the public in fully understanding the public positions taken by a candidate or political organization. When the true source of support or extent of support is not fully disclosed, or when a candidate becomes overly dependent upon large private contributors, the democratic process is subjected to a potential corrupting influence. The legislature therefore finds that the state has a compelling interest in designing a system for fully disclosing contributions and disbursements made on behalf of every candidate for public office, and in placing reasonable limitations on such activities. Such a system must make readily available to the voters complete information as to who is supporting or opposing which candidate or cause and to what extent, whether directly or indirectly. This chapter is intended to serve the public purpose of stimulating vigorous campaigns on a fair and equal basis and to provide for a better informed electorate."

Scott Walker Silent on Call to Unseal John Doe Records

Scott Walker tries to stop criminal investigation
as Wisconsin Law Enforcement calls for release
of records of investigation in John Doe II.

"I invite the governor to join me in seeking judicial approval to lawfully release information now under seal which would be responsive to the allegations that have been made. Such information, when lawfully released, will show that these recent allegations are patently false."
- John Doe Special Prosecutor Francis Schmitz in late April 2015 (Marley, Milwaukee Journal-Sentinel)

Schmitz is referring to Scott Walker's slamming the bipartisan John Doe probe into Scott Walker's scheme to illegally funnel secret monies into the 2011-12 Recall elections as a "witchhunt." (Marley, Bice and Glauber, Milwaukee Journal-Sentinel)

If Scott Walker has nothing to hide why doesn't he join Francis Schmitz in calling for the release of the John Doe records?

Anti-John Doe litigation by Walker allies has already revealed Walker secretly directed monies. (Kroll, MotherJones)

If Walker really believes himself innocent, what does Scott Walker have to hide?

Scott Walker John Doe Official: Make John Doe Docs Public

Scott Walker bashed the John Doe probe as word is out the four GOP-purchased justices on the Wisconsin Supreme Court are going to kill the John Doe probe, per Walker's legal and political needs. (Marley, Milwaukee Journal-Sentinel) (Fischer, PRWatch)

Said Walker in a radio interview on Saturday, "They (John Doe probe official and investigators) were looking for just about anything. As I pointed out at the time, it was largely a political witch hunt."

Walker and his allies have spent considerable money to shut down and vilify the John Doe probe looking into a "criminal scheme" at the center of which is Scott Walker, (Marley, Bice and Glauber, Milwaukee Journal-Sentinel) as pointed out in John Doe documents made public last year.

Walker's rare comments on the John Doe probe prompted a response by John Doe Special Prosecutor Francis Schmitz, and Milwaukee County District Attorney John Chisholm ((Marley, Milwaukee Journal-Sentinel):

"As to defamatory remarks, I strongly suspect the Iowa criminal code, like Wisconsin's, has provisions for intentionally making false statements intended to harm the reputation of others," Chisholm said in a statement Saturday responding to Walker's comments.

In a separate statement, Schmitz said he was surprised Walker would "speak publicly about specific issues which are now before the Wisconsin Supreme Court for a decision."

"His description of the investigation as a 'political witch hunt' is offensive when he knows that the investigation was authorized by a bipartisan group of judges and is directed by a Republican special prosecutor appointed at the request of a bipartisan group of district attorneys," Schmitz's statement said. ...

"I invite the governor to join me in seeking judicial approval to lawfully release information now under seal which would be responsive to the allegations that have been made," his statement said. "Such information, when lawfully released, will show that these recent allegations are patently false."

Chisholm said he agreed with Schmitz's statement.

"Stripped of niceties, Mr. Schmitz is saying the governor is deliberately not telling the truth," Chisholm's statement said.

"The truth is always a defense, so let's get the truth out in a legal manner, not through lies, distortions and misrepresentations."

Scott Walker will never take Schmitz up on his offer to seek release of documents of the John Doe probe because Walker knows he would be exposed as a crook and a liar.

At the Iowa Faith and Freedom Coalition this weekend, Walker said that he prayed before making major policy decisions (Petroski, Des Monies Register).

One wonders if Walker prayed before illegally coordinating fundraising among rightwing money to help Walker and Republican state senators in the 2011-12 Recall campaigns, and if Walker did pray to whom did Walker pray: David Koch?

Wisconsin John Doe Probes Seek If and by Whom Crimes Are Commited

The John Doe probe shows Scott Walker is at the center of a criminal scheme to funnel $10s of millions into the recall elections of 2011-12, so are GOP operatives,  R.J. Johnson and Deborah Jordahl.

This does not make them guilty of crimes, John Does are not mini-trials.

This does not make them "targets." John Does are not grand juries and do not designate targets as federal grand juries do (and as some other states' counties do).

It makes them subjects in an investigation that has Wisconsin Republicans and their paymasters across the country scared as rabbits.

This week John Doe special prosecutor Francis Schmitz' attorney, Randall Crocker released a statement: "While these (released) documents outlined the prosecutor's legal theory, they did not establish the existence of a crime; rather, they were arguments in support of further investigation to determine if criminal charges against any person or entity are warranted. Mr. Schmitz has made no conclusions as to whether there is sufficient evidence to charge anyone with a crime. It is wrong for any person to point to this sentence in a legal argument as a finding by the special prosecutor that Governor Walker has engaged in a criminal scheme. It is not such a finding." (Stein, Milwaukee Journal-Sentinel)

At the least the released documents demonstrate that the accumulated evidence exceeds the reasonable suspicion standard for the John Doe probe to proceed. Most jurists (the non-Federalist Society kind) would see the evidence exceeds a higher standard, probable cause, for further investigation.

As for the public relations lines, Prosecutor: Scott Walker is not a target, as the Wisconsin State Journal's hard copy edition blares this morning. No kidding.

Neither are Bambi, Guy Fawkes or Mickey Mantle.

You become are "target" when you are charged with a crime, and the investigation is not completed, halted and awaiting a ruling from the Court of Appeals for the Seventh Circuit before it can proceed.

The State Journal headline this morning, Prosecutor: Scott Walker not a target, is intentionally misleading, likely written by a pro-Walker copy editor or other staffer with pro-Walker leanings.

The John Doe investigation is not completed; stopped by the ethically challenged Judge Rudolph Randa with a bizarre opinion that should become the subject of ridicule from the panel of the Court of Appeals for the Seventh Circuit.

Randa's opinion doesn't end the John Doe probe, as White Wisconsin asserts. White Wisconsin apparently forgot about the federal appellate court circuit, deliberating the appeal.

As for when someone should be charged under a John Doe probe, and by what standard of evidence: Probable cause or guilt beyond on a reasonable doubt, If you can get a straight answer on background from a knowledgeable jurist, good luck.

No one appears to know.

In the meantime, treat words from Scott Walker and his mouthpieces with a heavy does of salt: Scott Walker has no credibility and a well-documented history of lying to the people of Wisconsin.

This we know beyond a reasonable doubt.

Scott Walker Alleges Corruption of Five Wisconsin DAs, Takes John Doe to New Level

Scott Walker Runs to Fox and Friends
Host, Steve Doocy for PR Help
Last Week after Documents Reveal
DAs Believe Walker Is Part
of Criminal Schtheeme

Updated - Neo Confederates follows Walker's lead. From James Varney, New Orleans Times-Picayune (NOLA.com): "Unscrupulous Democratic operatives there (in Wisconsin) are doing everything they can to bury a successful GOP executive.
What is particularly scary about Wisconsin, and what should give Americans of all stripes pause, is that the operatives there are prosecutors. Under a 'John Doe' banner - a distinctly Bolshevik sort of tool that should be illegal in the United States - prosecutors have launched a witch-hunt against Walker and some of his conservative supporters."

See also Scott Walker Says the Dark Money Probe Is 'Over,' but He's Wrong (Fischer, PRWatch).

See also Scott Walker's Non-Denial Denial of John Doe Criminality
---
Scott Walker's explanation made in response to the blockbuster report of allegations of a wide-ranging criminal scheme made by five Wisconsin district attorneys is that these five law enforcement Constitutional Officers (and special prosecutor Francis Schmitz) are corrupted by the political motivations of "big-government special interests;" and are corrupt allies who deny the John Doe probe they are conducting is "over;" "is a case that has been resolved;" and that "there is no argument" on the legal disposition of the John Doe litigation.

That the five Wisconsin District Attorneys continue to litigate on appeal in the United States Court of Appeals for the Seventh Circuit is attributed by Walker as an attempt to impugn the reputation of Walker by the five district attorneys, to "trash" Walker to use the word of a Fox and Friends host with whom Scott Walker enthusiastically agreed.

It's a good thing for Walker, the appellate justices do not consider news reports in ruling on the merits of John Doe litigation, instead rightfully consigning themselves to the arguments in legal briefs and oral arguments.

The five district attorneys (plus special prosecutor Francis Schmitz) are:

• Milwaukee County DA John T.Chisholm
• Dane County DA Ismael R. Ozanne
• Iowa County DA Larry E. Nelson
• Dodge County DA Kurt F. Klomberg
• Columbia County DA Jane E. Kohlwey

Fox and Friends Host, Steve Doocy [video is linked at left] put it to Walker: "It looks like they're just trying to trash you."

Unsealed Court Order and Exhibits from John Doe Probe

Walker agreed with Fox's Doocy, saying in response, "I think there's no doubt. This is one of those where the media jumps on this; some on the left spin this; you get our detractors out there trying to claim there's something more than there is. ... This is a prime example of what happens when you take on the big-government special interests. They're looking for ways to come at us. They'll continue to do it. They did it, you know, two years ago in the recall election. They're going to do it again now; we got another tough election this Fall. And so, they're going to come at it with just about everything out there."

As noted here yesterday, this alternative reality of the legal situation is too much for the editorial page of the Milwaukee Journal-Sentinel which blasted Walker in substance and blistering tone not seen yet in commentary in the daily newspaper that has broken most of the reporting on the John Doe investigation.

Reads the editorial in part:

It's over, Gov. Scott Walker is arguing: The John Doe case looking into whether his campaign illegally coordinated with supposedly independent groups is done. Kaput. Finished.

Well, sorry, governor, but that simply isn't true.

Yes, the investigation into the conduct of the campaign and outside groups during the 2012 recalls was halted by federal Judge Rudolph Randa in May when the judge ruled that the secret investigation violated the free speech rights of its targets. Randa's decision is now before a federal appeals court, and just like the recent federal court decision ending Wisconsin's ban on same-sex marriage, this case will continue until all appeals are exhausted.

That could be a while, which means that this story is far from over. Nor should it be.

We think Randa should have not shut down a duly commissioned state investigation into the campaigns. The prosecutors, with affinities for both parties, were simply doing their jobs: State law limits what outside groups such as the Wisconsin Club for Growth can do. Such groups are supposed to remain independent of campaigns; they cannot strategize with candidates.

Randa's decision was stunning for its overreach. He ordered the investigation shut down and found that only "express advocacy" — that is, explicitly urging people to vote for or against a candidate — was subject to state limits and control.

But coordination between campaigns and outside groups has long been illegal in Wisconsin for good reason. It's in the state statutes and was upheld by the Wisconsin Court of Appeals in a 1999 decision involving a state Supreme Court race. State election regulators later reaffirmed that a campaign cannot coordinate with an outside group, and on that basis, John Doe investigators proceeded to look into how the recall elections were conducted.

Walker's characterization of the ethics and motivation of the five District Attorneys is as ludicrous as Walker's reading of the legal disposition of the now several cases involving the investigation of Scott Walker and possible other parties at the center of the criminal scheme to funnel money into the recall races of 2011-12.

Walker also includes the media of course as in cahoots with the five District Attorneys: "Still, many in the media proceed as though the opinion of the partisan prosecutors is new information and ignore the truths I have stated .... It is not. It is old news that has already been discounted by two judges. No charges. No case," said Walker.

Walker's accusations demonstrate the callow and reckless disregard Walker has for the truth and those he defames.

Walker's message of corrupt district attorneys is dutifully picked up by the righwing press used as a lead-in for pieces about different topics, "Wisconsin doesn't have just a problem with rogue prosecutors (see the Milwaukee County DA's John Doe probe of Governor Scott Walker's allies). It also appears to have a rogue education department." (Finley, Wall Street Journal)

If the five district attorneys are engaging in partisan character assassination of Scott Walker [an unlikely possibility considering that two of the five DAs are Republicans and the fact that all have shown themselves to be ethical jurists in good standing with the State Bar of Wisconsin], Scott Walker should make a public and formal declaration of prosecutorial misconduct and proceed on this basis. Name the names and tell all of the facts.

Of course, any non-Republican can see that Walker is engaging in desperate spin and formally questioning the conduct (which would be an unjust and defamatory exercise) of the District Attorneys would likely result in making public more hard evidence and documentation of the affairs of Scott Walker while serving as Milwaukee County Executive and Governor.

This is the last thing Scott Walker wants.

Scott Walker, GOP: We're Special, We're Above the Law

Scott Walker and the Republican Party are not impressed with the John Doe Probe looking into who and what criminal activity occurred in the 2011 Recall elections; they seem to believe that they are beyond investigation.

One effort to halt the investigation was rebuffed late Friday.

But as Dan Bice noted:

There's even a sense among some Republican insiders that [Francis] Schmitz and his team of five Wisconsin district attorneys may be over-matched.

"Remember that they (prosecutors) are taking on not just millionaires but billionaires," said a GOP source.

Wow.  Billionaires.

I bet special prosecutor Francis Schmitz and Judge Gregory Peterson didn't know that.

Scott Walker's public comments are as forthcoming as always.

What, the Wisconsin citizens think they deserve an explanation?

Walker's trash and burn style on John Doe II: "We expected that with a new Democrat candidate for governor in the race that there would be stories like this along the way," said Gov. Scott Walker on the Milwaukee Journal-Sentinel's October 21 story about the John Doe investigation. (Murray. WPR)

Not working.

Koch Was Not Shy About Talking Strategy for Wisconsin Recall

Updated - Every Wisconsin politico remembers the recording made public in 2011 of Scott Walker's gushing over the man Walker thought to be David Koch.

Repulsive in about a dozen ways.

Jack Craver of the Capital Times looked at the transcripts of the Walker-faux Koch conversation and found another repulsive angle: Koch and Walker plotting to use Koch's Americans for Prosperity 501(c)(4) (AFP), illegally I would say, to help out the six Republican state senators who were recalled in 2011.

From the 2011 recording referenced in Craver's piece:

And later Walker hinted at how AFP could protect state senators running for reelection: "(P)articulary in some of these, uh, more swing areas, a lot of these guys are gonna need, they don’t necessarily need ads for them, but they’re gonna need a message out reinforcing why this was a good thing to do for the economy and a good thing to do for the state."

Koch and Walker were right about using AFP to keep GOP control in the Wisconsin senate.

Mal Contends learned last February that David Koch more than hinted, he explicitly took credit for keeping the Wisconsin State Senate in Republican control.

In February 2012, a reporter, Stacey Singer, scored a rare interview of Koch for her piece that ran February 18, 2012 in the Palm Beach Press.

Writes Singer:

Asked about his efforts to sway public opinion, Koch acknowledges his group is hard at work in places such as Wisconsin, where Gov. Scott Walker is facing off with public unions and grappling with a likely recall vote.

"We're helping him, as we should. We've gotten pretty good at this over the years," he says. "We've spent a lot of money in Wisconsin. We're going to spend more."

By "we" he says he means Americans for Prosperity, which is spending about $700,000 on an "It's working" television ad buy in the state. It credits Walker's public pension and union overhaul with giving school districts the first surpluses they've seen in years.

Reached at the Press in 2012 after the Koch piece had run, Singer told me (by phone) Koch said, it "was the work our people did, what Americans for Prosperity did and the money spent that enabled them [the Republicans] to keep control in the [Wisconsin state] senate."

The problem with Koch and AFP is that AFP is registered as a non-profit 501(c)(4).

So AFP's electoral politics, electioneering, are explicitly delineated by law, and they are not supposed to act in support or opposition of political candidates.

As noted here regarding Lawrence O'Donnell reporting on 501(c)(4)s:

Lawrence O'Donnell pointed out in May 2013, 501(c)(4)s are by federal statute, supposed to be operated "exclusively for the promotion of social welfare," as O'Donnell cites federal law on non-profit, tax exempt organizations

And this "exclusively" element means  501(c)(4)s cannot be an electoral tool used to elect political candidates for public office.

Section 501(c)(4) of the Internal Revenue Code defines tax-exempt social welfare groups like this:
"Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare." (Evan Puschak, The Last Word with  Lawrence O'Donnell; May 13, 2013)

There have been complaints filed with the IRS and the Wisconsin Government Accountability Board alleging illegal use of tax-exempt status by Koch's group.

Wisconsin awaits word on the response to these complaints. John Doe II may comprise much of this response.

Few believe, and certainly not Koch and Scott Walker, that Americans for Prosperity is exclusively used for the promotion of social welfare.

Lawrence O’Donnell Show - May 2013

Visit NBCNews.com for breaking news, world news, and news about the economy

Republicans Should Show Facts and Evidence as They Smear John Doe Officials

Scott Walker says he won't be distracted by the criminal investigation convened by Kenosha County Circuit Judge Barbara A. Kluka, overseeing the John Doe proceeding in Wisconsin, reports Dan Bice.

Walker calls Kluka's John Doe probe a "sidebar issue," though the probe is reported to include investigation of possible criminal violations during the Recall elections, including looking at possible criminal fundraising, as the Wall Street Journal helpfully pointed out.

Such is Walker's prerogative, though Walker and Republicans often say they are committed to election integrity, and surely possible criminal campaign violations merit investigation for subverting democracy and betraying our fellows.

What is God telling Scott Walker right this moment, one wonders.

"I looked up and said, ‘I hear you, Lord,’” writes Walker in his new book. "God was sending me a clear message to not do things for personal glory or fame. It was a turning point that helped me in future challenges, helped me stay focused on the people I was elected to serve, and reminded me of God’s abundant grace and the paramount need to stay humble." (David Weigel. Slate Magazine; October 25, 2013)

Christian Schneider, a commissar for the Wisconsin Republican Party, says the timing of the "partisan" probe is suspect, while criticizing Walker's opponents of engaging in innuendo. 

If Schneider really finds innuendo distasteful, how about facts to back up why he calls the probe a "specious review"?  

If Judge Kluka and special prosecutor Francis Schmitz are engaged in a partisan witchhunt, Schneider and other Republicans should make public their evidence supporting their conclusion.

Otherwise, their words are not serious commentary.

Recall that Republicans said the same thing, and made wild accusations about the 2010-13 John Doe probe that resulted in six criminal convictions.

Are we to believe that six innocents were wrongfully convicted? Did prosecutor Bruce Landgraf, and supervising Judge Neal Nettesheim engage in malicious prosecutions?

"It appears the state-related case opened in February 2012," Bice wrote in October in his piece breaking the John Doe story.

The John Doe 2010-13 is over and Scott Walker has refused to hold one listening session with the Wisconsin people answering questions about what happened.

I doubt Walker will hold one listening session with the people he was elected to serve on the new John Doe probe, or least make a public appeal for all GOP contributors and politicians to tell the probe the truth, the whole truth and nothing but the truth, and give their full cooperation.

Here's speculation on why Scott Walker won't take questions from the public, as some speculate Walker wants to be president and commander in chief, even with God as his side:

(Scott) Walker set up the annual Operation Freedom as a military appreciation day at the zoo for veterans, who got free admission and food. It was run through the county executive's office. (Walker was Milwaukee County Executive 2002-2010)

(Tim) Russell (multiple felon and embezzler from veterans) was the coordinator of the event and worked on it with Darlene Wink (convicted criminal), another former Walker aide at the county who has been under investigation in the John Doe probe. ...

Later, in 2010, the financial end of the event was transferred to an entity known as the Heritage Guard Preservation Society, Russell told the newspaper [Milwaukee Journal Sentinel] in 2010. ...

The Heritage Guard Preservation Society was incorporated for a different purpose as a nonprofit in 2004. But Russell said in 2010 that the dormant firm was shifted to Operation Freedom.

The financing setup for the event drew ethics scrutiny in 2006, when two county Ethics Board members questioned the practice of county officials asking private companies for money for public programs, saying it raised conflict-of-interest questions. Walker said then that he was trying to save taxpayer dollars and that he'd resolve ethics concerns by asking a veterans organization to solicit funds for the event. ...

"Nobody's making accusations about anything here," Russell said then. Bookkeeping errors could ultimately explain the shortfall, he said.

Wink quit her job as Walker's constituent relations director in 2010 after she acknowledged posting political comments on the Journal Sentinel website while at work. She monitored the finances for the program in 2007, but did not collect checks or pay the bills, Russell said. That was Purple Heart's job.

In a May 26, 2010 posting on his county website, Walker said Operation Freedom was a way to thank military personnel and families.

"The picnic, patriotic program and Supermarket of Veterans Benefits are a small way for us to show our appreciation and give back for all our military has done for us," Walker wrote. (Bice. Milwaukee Journal Sentinel, January 5, 2012)

Wisconsin statute 968.26 on John Doe proceedings is the statutory authority for conducting John Doe probes in Wisconsin.

Republican Line on John Doe Probe Is Another Lie

Walker's $ Millions fending off Recalls
are being looking at with cause

The Wall Street Journal screams "Wisconsin Political Speech raided."

The Free Republic says, "Wisconsin Special Prosecutor Targets Supporters of Scott Walker."

The GOP's Wisconsin Reporter says, "Sources: Secret probe targeting conservatives is abuse of prosecutorial powers."

You get the message.

Worth noting by the way is the last time the Republicans screamed this loudly about the John Doe probe of 2010-2013, six criminal convictions resulted.

As two convictions were for the embezzlement from military veterans by personally appointed aides of Scott Walker, I guess the GOP position is never mind about that.

So how do Republicans pretend to know this investigation is improper in any way, as John Doe probes are secret.

To edify the Republicans, nearing hysterics, about this Wisconsin John Doe probe, a judge [in this case, Kenosha County Circuit Judge Barbara A. Kluka] convenes a John Doe proceeding in Wisconsin:

By statute 968.26 (2) (b):

The judge shall convene a proceeding as described under sub. (3) if he or she determines that a proceeding is necessary to determine if a crime has been committed. When determining if a proceeding is necessary, the judge may consider the law enforcement investigative reports, the records and case files of the district attorney, and any other written records that the judge finds relevant.

No one is being targeted, the whole point as noted at this site, is to determine whether crimes have been committed and by whom. And no judge worth her salt is going to approve a John Doe probe without cause.

So, if Republicans have a problem with the probe, and have a problem with Francis Schmitz, the special prosecutor, tell it to Judge Kluka.

And tell it specifically to the Wisconsin people. What is is improper? Tell us some facts. Is there a problem with Judge Kluka, tell us and offer facts.

As for ignoring the subpoena's secrecy codicils, Eric O'Keefe, the director of the Wisconsin Club for Growth, should be held in contempt, with possible obstruction charges, by Judge Kluka.

You cannot just tell a judge: Forget it, get lost; I don't recognize the authority of your subpoena, your court or the investigation over which you precide.

John K. MacIver Institute and Wisconsin John Doe Probe

Update: Reader points out that in October 24, 2011 the MacIver Institute and Americans for Prosperity TV spots were the first pro-Scott Walker ads run in advance of the signature gathering for the Walker Recall.

"The John K. MacIver Institute for Public Policy is an independent, non-partisan 501(c)(3) organization. Contributions are tax-deductible. The Board of Directors of the MacIver Institute has adopted a policy to protect a donor's right to privacy. The MacIver Institute will not discuss nor disclose any information regarding our donors."

So reads the John K. MacIver Institute's self description.

Just wondering why this 501(c)(3) apparently acted on behalf of (or in opposition to) several candidates for elective public office in the 2011 Wisconsin Recall elections.

Perhaps Board members Fred Luber, Steve Fettig, James R. Troupis, Laurie McCallum, and Gerardo (Jerry) H. Gonzalez could explain.

Readers here have pointed out that the MacIver Institute (which teamed up with Americans for Prosperity) to produce the politcal It's Working, Wisconsin - Did it Right spot) is a 501(c)(3). 

This is could be a problem for the GOP front group.

And the MacIver Institute has several close ties to the Koch brothers. 

"Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office," reads an IRS guide.

David Koch, John Doe, Scott Walker Have GOP Panicked

I don't care if you have cause to investigate that a crime has been committed; do not investigate ... period.

This is the position of the various Wisconsin GOP propaganda outlets and the Wall Street Journal, who harbor an aversion to the rule of law when applied to Republicans.

Elizabeth Hartfield at ABC News offers Scott Walker a gushing piece for Walker's possible run for the GOP nomination, asserting, "In the general election, Walker’s presence on the ballot would very likely make Wisconsin, which hasn’t gone red in a presidential election since 1984, a real possibility for Republicans. Not to mention the hope that his proximity to another Midwestern state, Ohio, would boost the GOP’s chance in that most important of places."

Right.

Not sure what Hartfield is thinking, though she does point out Walker has one prerequisite for modern GOP presidential nominees: Walker "appeals to big GOP donors like the Koch brothers," and the unmentioned corollary, Walker does what he told.

Harfield notes that Walker will be a guest this coming Sunday on "This Week with George Stephanopoulos," on Sunday morning.

Hey, maybe that probing George Stephanopoulos will amaze viewers with his penetrating questions and fearless epistemological search for the truth in the American political system.

John Doe II

It's likely that Hartfield does not realize how nervous Wisconsin Republicans are about the new John Doe probe.

John Doe probes in Wisconsin are launched to determine if and by whom crimes are committed when obstruction, conflicts of interest and other practical difficulties make a regular criminal investigation impossible.

For example, in the 2010-2013 John Doe probe into Walker's gang, "Milwaukee County prosecutors opened the secret John Doe criminal investigation more than two years ago after being stonewalled by Gov. Scott Walker's office when he was county executive, according to a newly released record."(Bice. MJS)

Six criminal convictions resulted from that John Doe probe.

Afterwards, Walker never held one listening session, explaining to the Wisconsin people why his personally appointed aides, with no veterans' advocacy experience and no non-profit experience, were appointed to Operation Freedom, from which Walker's appointees proceeded to embezzle $10,000s intended for veterans and their families

Now, rightwingers are fuming that another John Doe probe has been launched: "Francis Schmitz — who spent nearly 30 years as a federal prosecutor and was once a finalist for U.S. attorney in Milwaukee — is leading the widespread John Doe probe, according to sources. Overseeing the case is Kenosha County Circuit Judge Barbara A. Kluka," first reported by Dan Bice (with David Umhoefer and Jason Stein) of the Milwaukee Journal-Sentinel in October 2013.

Yesterday's Wall Street Journal's headline screamed: "Wisconsin Political Speech Raid - Subpoenas hit allies of Scott Walker as his re-election campaign looms." Reads the Wall Street Journal:

Copies of two subpoenas we've seen demand "all memoranda, email . . . correspondence, and communications" both internally and between the subpoena target and some 29 conservative groups, including Wisconsin and national nonprofits, political vendors and party committees. The groups include the League of American Voters, Wisconsin Family Action, Wisconsin Manufacturers and Commerce, Americans for Prosperity—Wisconsin, American Crossroads, the Republican Governors Association, Friends of Scott Walker and the Republican Party of Wisconsin. 

Bice's report says the John Doe probe is looking into whether campaign violations occurred during the 2011 recall elections among other areas, so it seems to make sense to look into the campaign contributors, while preserving the campaign contributors' privacy, and guaranteeing immunity in the investigation for those subpoenaed if they agree to testify, by statute.

"A court, on the motion of a district attorney, may compel a person to testify or produce evidence under s. 972.08 (1). The person is immune from prosecution as provided in s. 972.08 (1), subject to the restrictions under s. 972.085, reads the Wisconsin John Doe statute.

So, Republicans should stow their fake persecution outrage.

Maybe David Koch's revelation in an interview with a Palm Beach Press reporter in 2012 that Koch "took credit for Republicans' keeping control of the legislature in the Wisconsin state senate recall elections held in August 2011" is representative of campaign finance violations in the Wisconsin recall elections that saw $10s of millions funneled into Wisconsin.

Koch sprayed money all over the nation the last several years.

501(c)(4)s

Americans for Prosperity to which the Koch brothers have contributed is a 501(c)(4) organization. "Generally, political educational organizations [(501(c)(4)s] must conduct their activities in a non-partisan manner," reads an IRS guide. Americans for Prosperity, by the way, spent heavily for Republicans in Wisconsin the last three years.

As Lawrence O'Donnell pointed out in May 2013, 501(c)(4)s are by federal law, supposed to be operated "exclusively for the promotion of social welfare," as O'Donnell cites federal law on non-profit, tax exempt organizations. 

501(c)(3)s

Readers here have pointed out that the MacIver Institute (which teamed up with Americans for Prosperity) to produce the politcal It's Working, Wisconsin - Did it Right spot) is a 501(c)(3). 

This is could be a problem for the GOP front group.

And the MacIver Institute has several close ties to the Koch brothers. 

"Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office," reads an IRS guide.
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Wisconsin statute 968.26 on John Doe proceedings is the statutory authority for conducting John Doe probes in Wisconsin.

By statute 968.26 (2) (b):

The judge shall convene a proceeding as described under sub. (3) if he or she determines that a proceeding is necessary to determine if a crime has been committed. When determining if a proceeding is necessary, the judge may consider the law enforcement investigative reports, the records and case files of the district attorney, and any other written records that the judge finds relevant.

If Republicans really have a problem with this John Doe probe, and they do, why doesn't the Wisconsin GOP legislature and Scott Walker just change the John Doe statute?


As noted at this site:

The Wisconsin Benchbook reads in part RE John Doe Proceedings:

A: "Proceeding to determine whether crime committed and by whom."

D. "Must conduct self as neutral detached magistrate in determining probable cause [47.47.]

John Doe probes examine, investigate and determine if and by whom a crime has been committed, per Wisconsin statute.

John Doe probes are not mini-trials; full evidential trials in which a finding of guilt beyond a reasonable doubt are reached. [Consider the cases Wisconsin v. Hooper, 101 Wis.2d 517, 544, 305 N.W.2d 110 (1981)) and Wisconsin v. Dunn, 121 Wis.2d at 396-97, 359 N.W.2d 151 (1984).]

The probe's purpose is to determine whether there is sufficient evidence and facts establishing probable cause that charges against a defendant should go forward and a probability of guilt exists at trial, such that the prosecution is able to prove beyond a reasonable doubt the guilt of a defendant.

This is what has Republicans so spooked.

Walkers—Rapacious, Mindless Creatures Are Back and in Trouble

Scott Walker might just be looking to establish another criminal defense fund, make that cooperation fund because Dan Bice reports this morning that another Wisconsin John Doe probe has commenced.

"A former top-level assistant U.S. attorney (Francis Schmitz) has been appointed a special prosecutor in a burgeoning, secret investigation into a wide variety of state issues, including possible campaign violations during the recent recall elections, multiple sources said.

"Overseeing the case is Kenosha County Circuit Judge Barbara A. Kluka, who has been used by Milwaukee County judicial officials in past John Doe cases."

A probe to find the truth, and prosecute those who can be proven guilty beyond a reasonable doubt? I'll believe it when I see it.

It would be nice if Schmitz' probe could look into David Koch's money funneled into the Wisconsin recall election. After all, Koch is on record noting that "he took credit for the fact the Republicans maintained control of the legislature in the Senate" recall elections held in August 2011.

Koch said it "was the work our people did, what Americans for Prosperity did and the money spent that enabled them [the Republicans] to keep control in the [state] senate."

Americans for Prosperity to which the Koch brothers have contributed $ Millions is a 501(c)(4) organization and not a 501(c)(3), as had been reported in many media outlets.

There is no controversy that (c)(4)s may legally participate in political elections, but 501(c)(3)s are not allowed to do substantial electoral work. The MacIver Institute, for example is a 501(c)(3), and has advocated for Scott Walker during the recall elections.

Notes Bill Lueders: "Groups registered as 501(c)(3)s can do some lobbying for or against legislation (but not candidates), so long as this is 'an insubstantial part' of their overall activities, a threshold the IRS has not clearly defined. Most groups that engage in issue advocacy opt for a different tax status, 501(c)(4)."

The political world will be looking even more closely at Scott Walker now.

Wisconsin statute 968.26 on John Doe proceedings is the statutory authority for conducting John Doe probes in Wisconsin.

As noted here, the purpose of a John Doe investigation is to determine if and by whom a crime has been committed in a given court's jurisdiction, by statute.

There are a very wide range of causes why a district attorney might request a judge to convene a John Doe proceeding: Conflicts of interest, practical difficulties, and so on.

Scott Walker on motorcycle at Operation Freedom event.
Walker's personal aides stole from fund meant for veterans

And stonewalling, like in 2010 when Scott Walker's gang led investigators to conclude that Walker's bunch were unwilling or disinclined to explain why Walker's county executive office staff and campaign ripped money off from military veterans, among other crimes

Remember Operation Freedom, advertised by then Milwaukee County Executive Scott Walker, as "thanks (to) our Armed Forces members and veterans for their service." (July 5, 2009).

Remember Timothy Russell, former and personally appointed aide to Scott Walker?

Russell had no veterans' advocacy experience, no non-profit experience but was appointed by Walker anyway and proceeded to embezzle (among other felonies) some $20,000 from a veterans' picnic called Operation Freedom, sponsored by Walker while serving as Milwaukee County Executive.