Dealing Gov. Scott Walker a victory just as his presidential campaign gets underway, the Wisconsin Supreme Court in a sweeping decision Thursday ruled the governor’s campaign and conservative groups had not violated campaign finance laws.
The ruling means the end of the investigation, which has been stalled for 18 months after a lower court judge determined no laws were violated even if Walker’s campaign and the groups had worked together as prosecutors believe.
This is the infamous “John Doe” investigation where government agents basically had an ongoing far-reaching investigation that involved, essentially, harassing Walker’s supporters and any other conservatives within reach with midnight raids, gag orders and endless investigation:
In international law, the Western world has become familiar with a concept called “lawfare,” a process whereby rogue regimes or organizations abuse legal doctrines and processes to accomplish through sheer harassment and attrition what can’t be accomplished through legitimate diplomatic means. The Palestinian Authority and its defenders have become adept at lawfare, putting Israel under increasing pressure before the U.N. and other international bodies. The John Doe investigations are a form of domestic lawfare, and our constitutional system is ill equipped to handle it. Federal courts rarely intervene in state judicial proceedings, state officials rarely lose their array of official immunities for the consequences of their misconduct, and violations of First Amendment freedoms rarely result in meaningful monetary damages for the victims.
Investigators would conduct armed police raids on the houses of Wisconsin conservatives. They seized computers, phones and as many documents as they could get their hands on. They then issued gag orders preventing the targets their neighbors what was going on. All this because of supposed violation of campaign finance laws; laws we now know were not broken.
You can read more from the WSJ:
For the past few days, I’ve been talking to the targets of the task force of Milwaukee Democratic prosecutors, the Wisconsin Government Accountability Board and Special Prosecutor Francis Schmitz. Their experiences, on the record here for the first time, reveal the nasty political sweep of an investigation that invaded privacy with surveillance of email accounts, raided homes with armed law enforcement, and swarmed individuals with subpoenas demanding tens of thousands of documents while insisting on secrecy.
Gabriel Malor shows just how empty this investigation was:
The theory of the prosecutor’s case was that conservative groups had illegally coordinated with candidates for office by means of issue advocacy. Applying well-settled principles of election law, the Wisconsin high court holds that this goes too far because “[d]iscussion of issues cannot be suppressed simply because the issues may also be pertinent in an election.” The courts have long treated express advocacy—that is, speech directly supporting a candidate for election—as wholly separate from issue advocacy—that is, speech about political issues. The court explains that, insofar as the Wisconsin statute purports to regulate issue advocacy the way that it does express advocacy, it is overbroad and vague under both the First Amendment to the U.S. Constitution and Wisconsin’s own Article 1, Section 3.
Read the whole thing. The judges were brutal on the prosecutors saying their investigation was “unsupported by reason” and “employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing”. This isn’t just saying there’s no evidence; this is saying the investigation was a complete travesty designed entirely to harass Wisconsin conservatives.
The Democrats had a lot riding on this. Just a few months ago, they were writing smug posts on how the John Doe investigation was going to crush Walker’s Presidential campaign. Now the investigation is in ruins, their slimy tactics open for the world to see.
I am honestly amazed by what we’ve seen in Wisconsin. Vicious election fights. Recall elections. The legislature fleeing the state. An aggressive intrusive useless investigation from the people who’ve spent the last decade vilifying Ken Starr for his “politicized investigations” that … um … produced thirty felony convictions.
And all of this just to get one governor. What the heck?