Wisconsin Supreme Court to rule on motion to reconsider John Doe ruling

Wisconsiin Watchdog ^ | 12-1-15 | M. D. Kittle

[afraidfortherepublic]

Part 295 of 293 in the series Wisconsin's Secret War

MADISON, Wisconsin — Four and a half months after it declared Wisconsin's political John Doe investigation unconstitutional and ordered it shut down, the state Supreme Court is ready to say whether it will reconsider its ruling.

The court announced Tuesday it will release a per curiam, or unanimous, opinion and two orders related to the John Doe matter Wednesday.

On July 16, the court ordered an end to the politically motivated investigation into conservative groups in Wisconsin that dragged on for years.

Writing for the majority on the court, Justice Michael Gableman slammed the use of a special prosecutor by the Milwaukee County District Attorney’s office and praised the unnamed plaintiffs in the case before the court, who were pushing back against what they claimed was an unconstitutional violation of their First Amendment rights to political speech.

"It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing," Gableman wrote in the opinion. "In other words, the special prosecutor was the instigator of a 'perfect storm' of wrongs."

The special prosecutor, Francis Schmitz, quickly filed a motion asking the court to reconsider and stay its ruling as well as the order that all property illegally seized in the probe be returned to the targets and copies destroyed.

Prosecutors say they want the millions of documents maintained to defend themselves against lawsuits.

Schmitz has signaled that, should the state Supreme Court dismiss his motion, he plans to petition the U.S. Supreme Court to hear his case.

Schmitz has made a number of filings in recent months in his state case.

All of this despite the fact presiding John Doe Judge Gregory Peterson in January 2014 quashed the subpoenas in the investigation because the prosecutors lacked probable cause a crime had been committed. At that time, the judge ordered the investigation ended and property returned to targets, although he stayed the latter order pending the outcome of the multiple legal challenges.

"January 10 will mark two years since Judge Peterson ruled that the prosecutors' legal theory was wrong and no crime was committed," one target of the probe recently told Wisconsin Watchdog.

[afraidfortherepublic]

Wisconsin Supreme Court to issue UNANIMOUS ruling today on reconsidering the John Doe decision on whether, or not, to reopen the investigation.

FReep mail me if you want on, or off, this Wisconsin interest ping list.

[norwaypinesavage]

"Prosecutors say they want the millions of documents maintained to defend themselves against lawsuits."

Isn't this just like being convicted for bank robbery and then suing to be allowed to keep the stolen money so you can use it to pay your lawyers?

[Diana in Wisconsin]

That is EXACTLY what’s going on here. Of course, ‘We The Taxpayers of Wisconsin’ won’t see a dime returned of these taxpayer dollars WASTED by the @#$%^&*! Socialists in our state!

Grrrrrr!