Secret ruling deals major setback to John Doe probe into recall elections

[Valin]

Milwaukee Journal Sentinel:

Daniel Bice and Dave Umhoefer

1/10/14

 

Prosecutors in the John Doe investigation into spending and fundraising during the raucous Wisconsin recall elections were dealt a major procedural blow Friday, according to sources.

 

The five-county investigation remains open, but subpoenas issued in the probe to conservative political groups supporting Gov. Scott Walker were quashed, sources familiar with the development said. The ruling — which is sealed — raises First Amendment concerns about the subpoenas.

 

The Milwaukee Journal Sentinel has not turned up any Democratic candidates or liberal interest groups involved in the recall elections that have been contacted by John Doe prosecutors.

 

"The John Doe is still open," said one individual familiar with the case.

 

But other sources said Friday's ruling seriously undercuts the well-publicized probe, launched in summer 2012. Those familiar with the case said the decision was handed down by retired Appeals Judge Gregory A. Peterson,the presiding judge in the investigation who took over the case in November.

 

(Snip)

 

 

 

[Valin]

Wisconsin Political Speech Victory
A judge blocks subpoenas against conservative allies of Scott Walker.

 

Chalk up a big victory for the First Amendment. On Friday a Wisconsin judge struck a major blow for free political speech when he quashed subpoenas to conservative groups and ordered the return of property to the targets of a so-called John Doe campaign-finance probe.

 

John Doe probes operate much like grand juries, allowing prosecutors to issue subpoenas and conduct searches while gag orders require the targets to keep quiet. We wrote about the kitchen-sink subpoenas and morning raids by special prosecutor Francis Schmitz that targeted dozens of conservative groups that participated in the battle to recall Republican Governor Scott Walker ("Wisconsin Political Speech Raid," Nov. 16, 2013).

 

Now we learn that Judge Gregory A. Peterson ruled on Friday that at least some of those subpoenas were improper. They "do not show probable cause that the moving parties committed any violations of the campaign finance laws," he wrote. His opinion remains under seal but we obtained a copy.

 

()Ssnssip)